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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3764
Experience:  Solicitors 2 years plus PQE
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What constitutes verbal license to occupy land/buildings and

Customer Question

What constitutes verbal license to occupy land/buildings and what can be used as evidence to prove said license?
Many thanks
Richard
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

A verbal licence to occupy a building or land is where you are given permission by the land owner (or party with exclusive possession) to enter the property and occupy it for an agreed purpose. A licence does not give exclusive possession to the beneficiary of it, this key point was determined in the case of Street v Mountford which explains the difference between a licence and a lease.

A verbal licence can either be a bare licence or a contractual licence. A bare licence is where for example you invite a guest into your home, they have no contractual right to remain on the property and the licence can be revoked at any time. A contractual licence may be one where you pay a fee to occupy land for a purpose, the licence can only be revoked on the terms of the contract agree (normally a notice period) an example of this may be a plot for a market stall.

There is no real evidence for a verbal bare licence other than the property owners decision. A verbal contractual licence could be evidenced by the licence payments or an agreed notice period.

Can I assist any further?

Kind regards

AJ