Review and negotiation of access licence (licensor).

We prepare and negotiate access licences for property owners granting third parties the right to access or use part of their land.

Granting access to your property for a utility, neighbour, or business creates a legal relationship that needs to be properly documented. An access licence that does not clearly define the permitted use, the term, the compensation, and the make-good obligation leaves you without clear recourse if something goes wrong. We prepare and negotiate access licences for landowners to make sure the arrangement is properly recorded and your land is protected.

What is an access licence and when is one required?

An access licence is a contractual arrangement that gives a third party the right to enter or use part of your land for a defined purpose, without granting them exclusive possession. Unlike an easement, which is registered on the title and runs with the land under the Real Property Act 1886 (SA), a licence is a personal arrangement between the parties and does not bind a future owner of the land unless separately documented. Common situations requiring an access licence include utility companies accessing land to maintain infrastructure, neighbours requiring temporary or ongoing access for building works, and businesses requiring access across private land. The terms of the licence determine what the licensee can do, what they must pay, what happens if they damage the land, and how the arrangement ends. We prepare and negotiate access licences for landowners to ensure the arrangement is clearly defined and the property owner’s interests are protected.

What is the difference between a licence and an easement?

A licence is a personal contractual right that allows the licensee to access or use land for a specified purpose, but it does not create an interest in the land and does not bind future owners unless it is separately agreed. An easement, by contrast, is a registered interest in land under the Real Property Act 1886 (SA) that runs with the title and binds any future owner of both the burdened and benefited land. We advise on which form is appropriate for your circumstances and ensure the documentation reflects what you intend to grant.

What should an access licence cover?

An access licence should clearly define the area of land that can be accessed, the purpose for which access is granted, the permitted hours and frequency of access, the licence fee or compensation payable, the make-good obligation if the land is damaged, the term of the arrangement, and how it can be terminated. Licences that are vague about scope or purpose create disputes when the licensee seeks to use the access for something beyond what was originally intended. We prepare licences with enough specificity to prevent those disputes.

Can I revoke an access licence once it is granted?

Whether you can revoke a licence depends on whether it is a bare licence, which can generally be revoked at will, or a contractual licence supported by consideration, which can only be terminated in accordance with its terms. If the licence is irrevocable for a fixed term, you cannot terminate it early without the licensee’s agreement unless a specific termination right applies. We advise on revocability and termination rights before the licence is executed.

What happens if the licensee damages my property?

The licensee’s liability for damage to your property depends on what the licence provides in terms of make-good obligations, insurance requirements, and indemnity clauses. A licence that does not require the licensee to maintain adequate insurance or include a clear make-good obligation may leave you without a practical remedy for damage caused during access. We include appropriate insurance, make-good, and indemnity provisions in every licence we prepare.

Scope of access defined precisely so there is no scope for expansion.

Make-good and insurance obligations included so you have a remedy.

Term and termination rights structured to give you control.

An access licence that is vague about scope and make-good gives the other party more certainty than it gives you.

Access to your land on terms that are not clearly defined is a risk that a well-drafted licence eliminates. The cost of preparing the document is minimal compared to the cost of a dispute about what was actually agreed.

Granting access to your land without a written licence leaves the arrangement undefined.

A third party needs access to your land for a defined purpose and the arrangement seems straightforward. But without a written licence that clearly defines the scope of access, the term, the compensation, and the make-good obligation, you have no clear framework for what happens if the access causes damage or the arrangement needs to end.

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

Granting access seems like a simple favour, but without a written licence you have no control over what happens on your land.

A utility company, neighbour, or business needs access to part of your property and the arrangement seems minor. But if the access causes damage, extends beyond what you intended, or the other party refuses to leave when asked, you need a written licence that defines exactly what was agreed. You want the arrangement properly documented before access begins.

What's included in your access licence service

Advice on licence vs easement structure.
Licence preparation 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 arrangements are not documented?

Landowners who grant access without a written licence regularly find that the arrangement expands beyond what they originally intended, that the access party disputes the scope of what was agreed, or that damage caused during access cannot be recovered because there was no make-good obligation in place. When the arrangement needs to end, a party who has been relying on undocumented access may resist termination and claim an implied right to continue. A written licence eliminates most of these disputes by recording what was agreed before access begins.

Here is how we document the arrangement to protect your land.

We advise on the appropriate structure for the access arrangement and prepare a licence that clearly defines the permitted area, purpose, frequency, and term. We include make-good, insurance, and indemnity provisions appropriate to the type of access being granted. We negotiate the terms with the other party where required and ensure the arrangement is properly documented before access begins.

Three steps to a documented access arrangement.

Structure advised, licence prepared, access granted on defined terms.

Advise on structure.

We advise on whether a licence or easement is appropriate and what terms the arrangement requires.

Prepare and negotiate.

We prepare the licence and negotiate the terms with the other party to reach a documented arrangement.

Execute and confirm.

We manage execution of the licence and advise on any registration or notification steps required.

Property lawyers experienced in access licences and land use arrangements for landowners across South Australia.

Access arrangements often arise informally, with landowners granting access on the basis of goodwill or a verbal agreement. When those arrangements go wrong, the absence of a written licence makes them very difficult to resolve. We prepare access licences that are clear enough to prevent disputes and protective enough to give you a real remedy if something goes wrong.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to document your access arrangement?

A well-prepared access licence defines the scope, protects the land, and gives both parties certainty about what was agreed. We prepare and negotiate access licences for landowners across South Australia. Contact us before access begins.

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