Wolford v. Lopez · ¶135

The consent establishing a license to enter someone else’s property can be explicit or implicit. Id., at 34–220. The form of consent typically depends on the nature of the private property at issue. In many places, private property owners welcome visitors (think shops, gas stations, and the like). Thus, as the majority notes, the public generally enjoys an implied license to enter this sort of property—that is, private property open to the public. Ante, at 10. The operation of the implied license in this context means that the public can enter such property without seeking the owner’s affirmative consent; such entry is not considered a trespass. Ibid.; Powell on Property §34.25, at 34–222. Of course, the owner retains the option to revoke that implied license in whole or in part, even when operating private property open to the public. Id., at 34–221.

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