ABSTRACT

This chapter explores licences to enter and use land. Licences create neither an estate nor an interest in land. The chapter begins by explaining the nature of licences and how they may arise in different situations. It considers enforcement between the original parties and, more controversially, the potential for binding third parties to the agreement. The chapter defines a licence and explains its nature as a right. It identifies the different types of licences and how they are created. The chapter provides the impact of licences on the original parties and aslo the impact of licences on third parties. A licence is permission given by a landowner, making it lawful to enter that property without being a trespasser and to utilise it in some way. A bare licence is given gratuitously without any payment or consideration from the licensee. A contractual licence is a licence given in exchange for a consideration.