Licence coupled with a grant: injunction available

In James Jones & Sons Ltd v Earl of Tankerville ([1909] 2 Ch. 440) D entered into a contract with P under which P had the right to cut trees on D’s land and remove the timber. D repudiated the contract and took back possession. P sought an injunction restraining D from preventing due execution of the contract. The question was whether this was possible or whether P was restricted to damages only. The injunction was granted:

‘A licence to enter a man’s property is prima facie revocable, but is irrevocable  even at law if coupled with or granted in aid of a legal interest conferred on the purchaser, and the interest so conferred may be a purely chattel interest or an interest in realty.’ (Parker J. at 442)

The same applies even where the interest was not created under seal so that the interest is purely equitable (443). In any event, it was arguable that P had a legal interest in the timber (444).


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