Legal Definitions - leave and license

Definition: Leave and license is a legal agreement between the owner of a property (licensor) and another person (licensee) that allows the licensee to use the property for a specific purpose for a limited period of time. In an action for trespass to land, the defense that the plaintiff consented to the defendant's presence.

Example 1: John owns a vacant property and wants to rent it out for a month. He enters into a leave and license agreement with Sarah, who wants to use the property as a temporary office space. Sarah pays John a fee for the license to use the property for a month.

Example 2: Tom is a farmer who owns a large piece of land. He enters into a leave and license agreement with a solar energy company that wants to install solar panels on his land. The company pays Tom a fee for the license to use his land for a specific period of time.

These examples illustrate how leave and license agreements work. The licensor (John and Tom) gives permission to the licensee (Sarah and the solar energy company) to use their property for a specific purpose for a limited period of time. The licensee pays a fee for this license, and the licensor retains ownership of the property. If the licensee uses the property beyond the agreed-upon time or purpose, they may be liable for trespassing.