ABSTRACT

This chapter deals with different types of property wrapper which may be used for a code agreement. It analyses the courts' approach to the interpretation of property agreements. The chapter examines the extent to which property agreements allow for those aspects of site use which will be of importance for operators and landowners, such as sharing, upgrading and termination. It looks at the statutory protection available to those in occupation of business premises. The chapter provides an overview of the working of the Old Code. It summarises the way in which the Old Code interacts with the 1954 Act. The chapter also summarises the way in which the New Code treats with property interests and interacts with the 1954 Act. It is common to find that parties have entered into agreements drafted by landowners which use expressions which are characteristic of licences, only for the operator to contend that the labelling is not representative of the reality of the agreement.