ABSTRACT

Until recently, a licence was considered to be, at most, a mere contractual arrangement between two persons, subject to the usual privity rule; but in the last 30 or so years, some licences have come to be regarded almost as proprietary interests in land, which are binding not only on the licensor, but also on third parties. This is particularly the case with licences arising by estoppel, where a party has no recognised legal or equitable interest in the land, but it would be inequitable in the particular circumstances for him to be denied a right to occupy. This is an area of the law which is still in the process of development, and it may be that a new right in alieno solo is emerging.