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Liciense

The document discusses different types of licenses under Indian law. It defines a license as permission granted by a property owner to another to enter or use the property. The key types of licenses discussed are bare licenses, which are revocable; contractual licenses, which depend on the contract terms; and licenses coupled with an interest, which usually cannot be revoked.

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111 views3 pages

Liciense

The document discusses different types of licenses under Indian law. It defines a license as permission granted by a property owner to another to enter or use the property. The key types of licenses discussed are bare licenses, which are revocable; contractual licenses, which depend on the contract terms; and licenses coupled with an interest, which usually cannot be revoked.

Uploaded by

avinashtamang111
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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So what is licience ?

Section 52 of Indian Easement Act, 1882 defines licence as something in which


a person grants another, or a certain number of other persons, the right to do or
continue to do in or on the grantor’s immovable property. This principle was
incorporated into the Indian Easements Act of 1882

license, in simple words is the permission to enter or use the property of


another.
So a basic difference between lease and licence is
A lease implies to give the lessee the possession of the premises/land area. The
lessor shall retain only the right of possession of the subject land unless
otherwise agreed.
On the other hand, the license is a merely given permission and that
authorization does not require the full ownership right to the property in
question. The licensor reserves the legal as well as the physical right of
possession.

The essentials of licences are as follows.

1. There must be two different persons– One who gives permission to use and
another is the one who is given permission to use.

Example- If Nirmal enters in Rydge’s property, it will become a trespass. But if


Rydge permits Nirmal to enter, it is called license.

2. These must be a grant–


For example when rydge had given nirmal the permission to enter his property.
License is always positive not negative.
3. License is granted to do something in or upon the Immovable property of the
grantor.
4. License is granted to do act which would otherwise be lawful – If the license
is not there, it would be unlawful.
5. License is not an easement.
6. License is not an interest inland. Section 60 says that a license may be
revoked by the grantor at his pleasure.
Types of licenses.

bare licenses,
contractual licenses,
and licenses coupled with an interest

BARE LICIENCE
A bare license occurs when a person enters or uses the property of another with
the express or implied permission of the owner or under circumstances that
would provide a good defense against an action for trespass. Bare licenses
generally are not transferable and are revocable at will by the property owner
For example, if Nirmal enters a gas station to ask for direction it is considered a
bare licensee and Nirmal will not be considered as a trespasser. But the owner
of the gas station has the right to restrict Nirmal from entering his property at
any time.

CONTRACTUAL LICIENCE
Contractual license provides an express or implied permission to enter or use
the property in exchange for some consideration. Licenses that are acquired by
contract normally include the right to use property that is protected
by patent, copyright, or trademark. The assignability and revocability of
contractual licenses normally depend on the terms of the contract
For example Nirmal purchase a movie ticket the ticket holder is allowed a
license to enter the theatre at a particular time. But the cinema hall has the right
to impose its own restrictions like the restriction of outside food not being
allowed in movie theatres

LICENSE COUPLED WITH AN INTEREST


A license coupled with an interest arises when a person acquires the right to take
possession of property located on someone else’s land, as when a lender
acquires the right to repossess an automobile that is located on private property
after the borrower has defaulted on a loan. Licenses coupled with an interest
usually are both assignable and irrevocable, at least until the holder of the
license has had a reasonable time to retrieve the property that gave rise to the
license.

For example Nirmal took a car loan from a bank but is unable to return the loan
amount so the bank has every right to confiscate the property which was given
to the bank as a mortgage.

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