DIGESTING THE LICENCE

Abstract

In order to consider the path for the future, it is necessary to analyse a recent series of licence cases to determine what rules and principles have emerged. The authors begin by delineating the characteristics of the licence, distinguishing the occupational licence from other transactions and discussing its potential for greater enforceability than a contractual transaction. They also consider the significance of occupation and the ability to assign licences, scrutinizing the argument in favour of characterizing the licence as a new equitable interest in land.