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Negotiate an access licence over your land

We prepare and negotiate access licences for landowners, so the scope, the compensation and the make-good are all defined.

Letting someone onto your land for a utility, a neighbour’s building work, or a business use creates a legal relationship. A written licence defines the scope, the term, the payment and the make-good. Without one, you have no clear remedy when the access causes damage or outstays its welcome. We prepare access licences so the arrangement is recorded before anyone comes through the gate.

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Scope defined with no room to grow

The area, purpose, hours and term are set out precisely, so the access cannot quietly expand into something else.

A real remedy for damage

Make-good, insurance and indemnity obligations mean repair costs fall on the party who caused them.

An arrangement you can end

Termination rights and notice periods are built in, so a long-running access does not become a permanent one.

What an access licence is, and what it is not

An access licence gives someone the right to enter or use part of your land for a defined purpose, without giving them exclusive possession. It is a contract between the two of you, and it binds only the two of you.

That is the main difference from an easement. An easement is registered on the title at the land titles office. It runs with the land, so it binds whoever owns the property next. A licence does not. If you sell, the licence does not automatically follow the land.

Access licences turn up in ordinary situations. A utility maintaining infrastructure. A neighbour who needs scaffolding on your side of the boundary. A business using part of a yard. The arrangements are usually informal, which is exactly why they cause trouble.

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What is the difference between a licence and an easement?

A licence is a personal contractual right to use land for a stated purpose. It creates no interest in the land and does not bind a future owner. An easement is registered on the title at the land titles office, runs with the land and binds whoever owns it next. We advise on which one reflects what you intend to grant.

What should an access licence cover?

The area that can be accessed, the purpose, the permitted hours and frequency, and the fee or compensation. It should also deal with make-good if the land is damaged, the term, and how the arrangement can be terminated. Licences that are vague about scope or purpose are the ones that end in disputes.

Can I revoke a licence once I have granted it?

It depends on the type. A bare licence can generally be revoked at will. A contractual licence supported by payment can usually only be ended in accordance with its terms. If it is irrevocable for a fixed period, you cannot end it early without the other party agreeing. We advise on revocability before the licence is signed.

What if the licensee damages my property?

That depends entirely on what the licence says about make-good, insurance and indemnity. Without those provisions you may have no practical remedy, even where the damage is obvious. We include insurance, make-good and indemnity provisions in every licence we prepare, scaled to the type of access being granted.

A vague licence gives the other party more certainty than it gives you

Access on terms that were never written down is a risk a short document removes. Preparing the licence costs a fraction of arguing later about what you agreed to.

A favour granted verbally is very hard to take back

Someone needs access to part of your land for a purpose that sounds reasonable, and it is easier to just say yes.

But a written licence is what sets the scope, the term, the compensation and the make-good. Without one, there is no agreed answer to what happens if the access damages something, spreads beyond what you meant, or simply does not stop.

We will advise on whether the arrangement should be a licence or an easement.
We will prepare the licence defining the area, the permitted purpose, the term and the compensation.
We will include make-good, insurance and indemnity provisions to protect your land.
We will advise on termination rights and negotiate the terms with the other party.

Saying yes is easy. Defining what you said yes to is the part that protects you

A utility, a neighbour or a business needs to come onto part of your property, and the request seems minor. Nobody wants to make a production of it.

But the access might damage the ground, or extend beyond what you pictured. The other party might refuse to stop when asked. You need something that records what was actually agreed, and a conversation is not that. You want it documented before access begins, while the other party still wants your permission.

What's included in your access licence service

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Advice on whether a licence or an easement is appropriate.
Licence drafting covering scope, purpose, term and compensation.
Make-good, insurance and indemnity provisions.
Termination rights and notice provisions.
Negotiation with the other party where required.

What goes wrong when access is granted on a handshake

Scope creep is the most common. Access granted for one purpose gradually becomes access for several. Nobody agreed to it, and nobody can point to a document saying they did not.

Damage is the most expensive. Without a make-good obligation and an insurance requirement, you repair the ground, the fencing or the services at your own cost. There is no practical claim against anyone.

Refusal to leave is the worst. A party who has used your land for a long time may claim an implied right to continue, and resist termination. What began as a favour becomes a dispute about whether you control your own property.

A written licence removes almost all of this, because it records the answer before anyone needs it.

How we document the arrangement so your land stays yours

We work out first whether this should be a licence or an easement, because that decides whether it binds a future owner of your land.

We prepare the licence with the scope defined precisely. The area, the purpose, the hours, the frequency and the term, so there is nothing to expand into.

We include make-good, insurance and indemnity provisions proportionate to the type of access, and clear termination rights. Then we negotiate it with the other party, so the arrangement is agreed and signed before access begins.

Three steps to a documented access arrangement

Structure advised, licence prepared, access on defined terms.

Licence or easement

We advise on which structure suits the arrangement and whether it needs to bind a future owner of the land.

Prepare and negotiate

We prepare the licence defining scope, purpose, term and compensation, and negotiate it with the other party.

Execute and confirm

We manage execution and advise on any registration or notification needed before access begins.

Access licences prepared and negotiated for landowners

These arrangements almost always start with goodwill, and that is the problem. A verbal yes leaves both sides with a genuine but different memory of what was agreed. There is then no way to settle it except by falling out.

We prepare access licences that are specific enough to prevent the argument and protective enough to give you a remedy. The work is in the detail. The exact area, the permitted purpose, hours and frequency, the fee, insurance, indemnity, make-good, and how the arrangement ends. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to get the access arrangement documented

The moment to document access is before it starts, while the other party still needs your agreement. A licence costs very little next to a dispute about what was actually agreed. Tell us who needs access and what for, and we will prepare it.

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