Legal Definitions - leave and license

Leave and License

"Leave and license" is a legal defense used in cases where someone is accused of trespassing on another person's property. It argues that the property owner gave permission, either explicitly or implicitly, for the person to be on their land. Essentially, it means the alleged trespasser had the owner's "leave" (permission) and "license" (authorization) to be there, which negates the claim that their presence was unauthorized.

Here are some examples to illustrate this concept:

• Social Invitation:

  Imagine a homeowner, Sarah, invites her neighbor, Tom, to her backyard for a barbecue. While Tom is enjoying the party, Sarah's other neighbor, who doesn't like Tom, tries to accuse him of trespassing. Tom could successfully use the defense of leave and license because Sarah, the property owner, explicitly gave him permission to be on her property for the event. His presence was authorized, not unauthorized.

• Business Premises:

  Consider a customer, Maria, who walks into a retail clothing store during its regular business hours to browse for a new outfit. The store owner, by opening their business to the public, implicitly grants leave and license to customers like Maria to enter the premises for the purpose of shopping. If the owner were to later claim Maria was trespassing, this defense would apply because her entry was implicitly permitted as part of the store's operation.

• Service Provider:

  Suppose a homeowner, Mr. Henderson, hires a painter, David, to repaint the exterior of his house. Mr. Henderson provides David with a key and allows him access to his property for several days to complete the work. David's presence on Mr. Henderson's land, including walking around the house and setting up equipment, is covered by leave and license. Mr. Henderson's act of hiring David and granting him access constitutes explicit permission for David to be on the property for the specific purpose of performing the painting job.