Solicitor Ed Williams, in our Commercial Property team, explains what an access licence is.
What is an Access Licence?
An access licence is a formal permission granted by a licensor (typically a landowner) allowing a licensee (another party) to use a specific route to cross a piece of land. These licences usually include a plan showing the land in question and clearly mark the permitted route. Licences of this kind can be used in various situations, but in essence, they grant temporary access rights to third parties without creating a legal interest in the land. Due to this fact, they are well suited to short-term arrangements. A licence can also be a practical tool for managing access to land while maintaining legal control.
Why Might You Use a Licence?
There are several reasons a landowner might choose to grant a licence rather than another form of legal instrument:
- To formalise and clarify permission: A written licence helps to avoid misunderstandings that might arise from verbal agreements. It clearly outlines the parties’ rights and responsibilities.
- To retain flexibility and control: A licence allows the landowner to impose conditions on the use of the route—such as limiting hours of access, restricting use to certain purposes, or requiring payment of a licence fee.
- To prevent the acquisition of prescriptive rights: If someone uses land “as of right” (i.e. without force, secrecy, or permission) for a long period, they may acquire a legal right of way binding on future landowners. A properly drafted licence makes it clear that the use is with permission, helping to defeat such claims.
In short, a licence enables landowners to grant access on their terms—temporarily, flexibly, and without giving up control of the land.
Are There Alternatives to a Licence?
Yes. Depending on the circumstances, other legal arrangements might be more suitable:
- Lease: If exclusive possession of land is being granted for a fixed term (e.g. where no one else can use it during that period), a lease may be more appropriate. A lease creates a legal interest in land and offers greater security to the occupier.
- Easement: A right such as a right of way is more permanent than a licence and binds future owners of the land. It is typically registered against the title and is often used for long-term or ongoing access rights.
Each option carries different legal implications. What is appropriate will depend on your specific circumstances you have.
We recommend seeking legal advice before putting a licence in place to ensure it is appropriate for your specific needs and that it is properly documented.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
