ABSTRACT

The common law recognised that the holder of a freehold estate or a leasehold estate could give permission or a licence to a person to enter and stay on part or all of the land, and, during the period of the permission, the permittee or licensee could not be removed. The permission to occupy the land may provide for the land to be shared with others, that is, joint occupation, or it may grant the licensee sole or exclusive occupation. Again, the permission may be for a very limited purpose, for example, walking across the land, grazing cattle, making a survey of boundaries, or for very extensive activities, for example, to operate a business, or to build residence on the land. When the licence allows for exclusive occupation and for extensive activities, it may appear very similar, to outward appearances and in practical effect, to a leasehold estate.