Is the Right to Erect an Advertising Board a License or an Easement in the UK?

Question from skywalker, Is the Right to Erect an Advertising Board a License or an Easement in the UK?

Answer from AI:

In the UK, the right to erect an advertising board on another person’s land can be classified as either a license or an easement, depending on the specific circumstances and terms of the agreement.

Understanding Licenses and Easements

A license is a personal permission to do something on another’s land. It does not create an interest in the land and is typically revocable. On the other hand, an easement is a right attached to a piece of land (the dominant tenement) that allows the owner to use another person’s land (the servient tenement) in a certain way. It is a property right that runs with the land and is typically irrevocable.

Factors to Consider

In determining whether the right to erect an advertising board is a license or an easement, the following factors may be considered:

• Duration: If the right is temporary or revocable, it is more likely to be a license. If it is permanent or irrevocable, it is more likely to be an easement.
• Transferability: If the right can be transferred to others, it is more likely to be an easement. Licenses are typically personal and non-transferable.
• Registration: Easements over registered land are typically registered on the title of the servient tenement. If the right is not registered, it may be more likely to be a license.

Legal Advice

The classification of the right to erect an advertising board can have significant legal implications, including the rights and obligations of the parties, the transferability of the right, and the remedies available for breach. Therefore, it is recommended that individuals consult with a legal professional for personalized advice.

For more information on licenses and easements, you can refer to the UK Government’s guidance on easements and other third-party rights.