Because a right to exclusive possession of the land is a necessary requirement for the creation of a tenancy1, an agreement which merely makes an act (such as trespass) lawful that otherwise would be unlawful, and does not properly alter or transfer any estate or interest in the property to which it relates, operates as a mere licence2.
Since a licence does not create an interest in land, it is not binding upon a successor in title of the original grantor unless the circumstances are such as to give rise to a constructive trust3. A purely personal licence is not
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