Chapter VI LICENCES

"Licence" defined.-Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence.

Who may grant licence.-A licence may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the licence.

Grant may be express or implied.—The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is in- effectual for that purpose, may operate to create a licence.

Accessory licences annexed by law.—All licences neces- sary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licences are called accessary licences-

Licence when transferable.—Unless a different intention is expressed or necessarily implied, a licence to attend a place of public entertainment may be transferred by the licensee ; but, save as aforesaid, a licence cannot be transferred by the licensee or exercised by his servants or agents.

Grantor's duty to disclose defects.—The grantor of a licence is bound to disclose to the licensee any defect in the pro- perty affected by the licence, likely to be dangerous to the per- son or property of the licensee, of which the grantor is, and the licensee is not, aware.

Grantor's duty not to render property unsafe.—The grantor of a licence is bound not to do anything likely to render the property affected by the licence dangerous to the person or property of the licensee.

Grantor's transferee not bound by licence.—When the grantor of the licence transfers the property affected thereby, the transferee is not as such bound by the licence.

Licence when revocable.—A licence may be revoked by the grantor, unless-

1. (a) it is coupled with a transfer of property and such transfer is in force ;
2. (b) the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution.

Revocation express or implied.—The revocation of a licence may be express or implied.

Licence when deemed revoked.—A licence is deemed to be revoked-

1. (a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence ;
2. (b) when the licensee releases it, expressly or impliedly, to the grantor or his representative ;
3. (c) where it has been granted for a limited period, or acquir- ed on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled ;
4. (d) where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right ;
5. (e) where the licensee becomes entitled to the absolute ownership of the property affected by the licence ;
6. (f) where the licence is granted for a specified purpose and the purpose is attained, or abandoned, or becomes impracticable ;
7. (g) where the licence is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist ;
8. (h) where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee ;
   • (i) in the case of an accessory licence, when the interest or right to which it is accessory ceases to exist.

Licensee's rights on revocation.—Where a licence is revok- ed, the licensee is entitled to a reasonable time to leave the pro- perty affected thereby and to remove any goods which he has been allowed to place on such property.

Licensee's rights on eviction.—Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantor.