publications monitor Spring 2008 Is a Licence an Interest in Land? | Is a Licence an Interest in Land? |
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A licence is a contractual right conferring no interest in land. From this, it should follow that legislation awarding compensation for the compulsory taking of "interest in land" should not compensate the taking of contractual licences. In a recent case, Sorrento Medical Service Pty Ltd -v- Chief Executive, Department of Main Roads, a doctor had a contractual licence to use certain car parking spaces. The land on which the parking spaces stood was compulsorily resumed. Could the doctor claim compensation for the taking? Based on the convention above, the answer would have been No because the relevant legislation provided compensation only for the taking of an interest or estate in land. However, the Acts Interpretation Act 1954 (Qld) defines "interest" in land to mean (amongst other things) a right, power or privilege over, or in relation to the land. As a result, the majority of the Queensland Court of Appeal held that the doctor was entitled to be compensated. This meant that for the purposes of the Acquisition of Land Act (1967), a contractual licence was treated as an interest in land. It all depends on the definition and the legislation. For further information please contact Paul de Silva T (07) 3292 9720 E This Email address is being protected from spam bots, you need JavaScript enabled to view it |