A tenant in common cannot grant a licence to another person, irrevocable by other tenants in common, if that licence goes beyond what is reasonable and incidental to the grantor's possession, use and enjoyment of the property in common with the other tenants in common. Police who enter common property of a strata scheme without a valid irrevocable licence are trespassers, and an arrest effected while trespassing is unlawful. Where criminal charges arise directly from a wrongful arrest, the costs of defending those charges are recoverable as damages without proof of malicious prosecution.
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