Property Law and Express Trust Essay Example | Topics and Well Written Essays - 1000 words

Property Law and Express Trust - Essay ExampleAn occupier under licence has no right to remain in the situation and can be removed very quickly.Here it is to be noted that the main characteristics which differentiate an agreement as adopt or license be soap self-command of the lieu, period of occupancy and time span of serving notices.In Radaich v Smith(1), it was decided that exclusive possession provides the proper touchstone of a lease or tenancy, asserting that anything which negated an occupiers right to exclusive possession, meant no lease existed, simply a license.The aspect of exclusive possession of the property was explained in the recent and famous case Street Vs Mount ford (2) as the crucial determinant of whether a lease or license exists is whether or not the person has been given(p) exclusive possession of premises. In the given case, Botolphs investments gave Micawber the only the right to use the ground unit or room of the create for certain purposes, not the exclusive possession of whole building. Here, the provisions in the agreement do not confer any exclusive possession of room on Micawber. If the agreement is lease, Micawber entitle to have possession of whole building.Moreover there can be a question arises regarding the time period of occupancy. ... A license gives someone glide slope to and the use of whatever rooms (or equipment) the owner gives them license to use, but does not give a right to use that space exclusively. An occupier under license has no right to remain in the property and can be removed very quickly. 2Here it is to be noted that the main characteristics which differentiate an agreement as lease or license are exclusive possession of the property, period of occupancy and time span of serving notices.In Radaich v Smith(1), it was decided that exclusive possession provides the proper touchstone of a lease or tenancy, asserting that anything which negated an occupiers right to exclusive possession, meant no le ase existed, simply a license. The aspect of exclusive possession of the property was explained in the recent and famous case Street Vs Mount ford (2) as the crucial determinant of whether a lease or license exists is whether or not the person has been granted exclusive possession of premises. In the given case, Botolphs investments gave Micawber the only the right to use the ground unit or room of the building for certain purposes, not the exclusive possession of whole building. Here, the provisions in the agreement do not confer any exclusive possession of room on Micawber. If the agreement is lease, Micawber entitled to have possession of whole building.Moreover there can be a question arises regarding the time period of occupancy. Here Micawber active the unit in November 2002, and the occupancy will be determined as per the notice on October 2007. But