THE LAW OF PROPERTY - Essay Example

Further, he also cannot act independent of the landlord, in any matter connected with the tenancy. All his rights and obligations stem from his contractual agreement with the landlord, which could be terminated by either party, by giving suitable notice as determined by the agreement. There are certain characteristics of licences, which are as follows: 1. Cancellation of the Licence. The cancellation of a licence is always possible, as was seen in the decided case law of Wood v Lead bitter (1845).

The facts were that the plaintiff, A, brought a case of alleged assault against the defendant. The plaintiff was in Doncaster Race course with a ticket. He was asked to move out but he did not, and challenged the cancellation of his licence. It was held that “licence by A to hunt in his park, whether given by deed or by parole, is revocable; it merely renders the act of hunting lawful, which, without the licence, would have been unlawful." 2. The heirs or succeeding parties in the contract of licence would not be bound by the licence: this was seen in the decided case law- King V David Allen & Sons (bill Posting) Ltd. (1916). In this case, the plaintiff, David Allen was under contract with King’s to stick billposters on the walls of the theatre.

Later, however, the ownership of King changed hands, and it was held that the right of David Allen, being a ‘personal’ right and not a ‘real’ right, could not be enforced against the succeeding Company. (Property law summary). In another case law, Clore V Theatrical Properties Ltd. (1936), the licensor A, was denied permission to sell drinks in the theatre, formerly run by D. The new owner C, refused to validate the licence given by D to A. Held, the court upheld C’s contention, and the only remedy for A was to seek redressal from D, who had assigned the licence to A.