Suggested Answer to Exercise 3.3 (Part 1)
Approaching the Question
The suggested answer contained in these pages is designed to illustrate how to answer Exercise 3.3 whilst also helping you to develop your problem answering skills.
- It is only an illustration - there is no one right way to answer any question.
- It is in note form – you need to develop and practice your own style of answering questions.
- As with all problem questions it is important to work through this exercise systematically. You need to consider all of the possible interests that the parties may have, which means being able to explain why certain interests may not be present.
- Make sure that you actually advise the parties, or, to put it another way, sufficiently set out your conclusion. The parties do not just want to know whether they do or do not have a licence (or any other type of interest); they also need to know what consequences this has for them.
Before you go to the next page, make notes under the following headings:
- What are the issues in this question (what do Hannah and Joshua want to know)?
- What rules will you need to use to answer these questions?
Although this question is found at the end of Chapter 3 of Land Law it is not possible to answer it without referring to topics and concepts considered in detail in other chapters of the book. In most instances, the question will be concerned with whether a particular relationship meets the requirements for one of the proprietary interests (such as a lease, easement, trust or estoppel). If the relationship does not create a recognized proprietary interest, then it will almost certainly be some form of licence.