Licences

Licences 

A licence gives permission for the licence holder to occupy land ALONGSIDE someone with an interest in the land, for example the owner or tenant. A licence is a light touch agreement to use land without the risk of trespass. There is no right to exclude others from the land and there is no right to continue use of the land after the licence has expired. If you are looking to apply for large amounts of funding it is best to avoid using a licence as funders often like to see a long-term lease in place. Likewise, if you are looking to invest a fair amount of time and finance it may be more suitable to gain a lease rather than a licence. However, licences can be a useful land agreement for example, licences can be a means of gaining swifter access to a site to begin work without the need for (or in the meantime of) longer legal negotiations on the contents of a prospective lease. 

The CLAS Licence Factsheet will be useful for anyone needing information on licences in England and Wales. It is possible to insert clauses providing the ability to trade. 
In 2019 Cardiff University Law School students carried out work on a more up to date licence relevant to community green space projects. This is provided on the link below –

CLAS Cymru - Licence to Occupy

We have also acquired a template cropping or grazing licence which is more suitable in a rural or agricultural context

CLAS Cymru – Cropping/Grazing Licence

Leases and licences in practice
 
Please read this article from Wright Hassell Solicitors about the important differences between leases and licences. The case law mentioned teaches us that even though there is a written licence, what happens in practice, can be more important to the courts and a lease may have been granted without either party realising. 

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