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property_law:licence

Definition of Licence

Section 52 to 60 of the The Indian Easements Act,1882 deal with provisions relating to licence. Section 52 of the Act defines Licence.

If 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 easement or an interest in the property, the right is called licence.

A licence is only a permission to do something in or upon the property of the grantor. If such a permission is not granted, the acts would become unlawful. The permission does not amount to easment. Licence does not create any interest in the property in favour of the licencee.

The grant of a licence may be express or implied. The grantor of licence is known as Iicensor and the the person to whom the licence is granted is known as licences.

Accessory Licences

By section 55 of the The Indian Easements Act,1882 all licences necessary 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 accessory licences.

Example A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.It is an accessory licence.


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Created on 2020/10/19 23:15 by • Last modified on 2020/11/07 18:34 (external edit)