Land law Essay Example | Topics and Well Written Essays - 1250 words

Land law - Essay Example In the case of William and Catherine, both of them hold a separate license agreements to the property, otherwise known as a â€Å"License to Occupy†, which was for an unspecified short term. Since the agreement does not stipulate a fixed duration, it can be terminated at the will of the landowner, provided that the notice requirement under Article 4 (1) (2) of the Landlord and Tenant Act of 1954 has been satisfied. There is no exclusive possession in this kind of agreement as the licensee does not enjoy exclusive occupation over the property. In fact, based on the agreement, there was a provision which allows Judith, the licensor, to enter the flat and share the couple’s bedroom any time she wishes.  This is merely a temporary arrangement and cannot ripen to a full lease agreement. In the case of In  EC Commission v United Kingdom  (Case C-359/97) [2000] STC 777,804, the European Court held that: â€Å"The term ‘letting of immovable property’ must be construed strictly. The  Court concluded, that the term ‘letting of immovable property’ cannot be considered to cover contracts where, the parties have not agreed on any duration for the right of enjoyment of the immovable property, which is an essential element of a contract to let." While in the case of Timmons v. Cropper (40 Del. Ch. 29, 172 A.2d. 757, 759) ‘License with respect to real property is a privilege to go on premises for a certain purpose, but does not operate to confer on, or vest in, licensee any title, interest, or estate in such property. In addition, â€Å"Licenses to occupy are somewhat less than leases and do not grant ‘possession’ or a legal interest in the land, which is the usual right of exclusive occupation. One example of a license is that of a lodger in a landlord's home. The lodger has no exclusive possession of any part, and shares facilities. The landlord has total control though there is a small element of protectio n in that even residential licensees can appeal to the courts against summary eviction† (Landlord Zone). Hence, Elizabeth has the right to enter the property at anytime she wishes and claim the portion of the property being used by William and Catherine and revoke the license, provided the notice requirement has been sent to the licensors. In the case of the first floor of the property, since Philip was an employee of Judith who served as the handyman in the house, Philip’s stay in the property served as part of his fringe benefits as an employee. As an employee, his stay in the house did not create exclusive use of that portion of the house where he is presently occupying, as evidenced by the key to the flat to do housekeeping. However, since the property was sold to a third party, the ownership and possession of the property has now been automatically transferred to the new owner, Elizabeth. Although there was no mention as to the term of the lease agreement, it is pr esumed that the owner can claim the property at anytime she wishes as she remains to be the owner of the property. The same treatment shall be applied to Beatrice, Judith’s niece who was granted a gratuitous license to use the top flat for free since was unemployed. â€Å"A gratuitous license is revocable by notice at any time† (Duhaime). Lord Mackay Clashfern,  Halsbury's Laws of England has stated that:   "A license is normally created where a person is granted the right to use premises without becoming entitled to exclusive possession of them. If the agreement is merely for the use of the property in a certain way and on certain terms while the property remains in the owner's possession and control, the agreement operates as a license. It does not create any