If a lessor prefers to grant a licence, it is best to ensure that the licensing document is carefully developed to ensure that the court does not consider the agreement to be a lease agreement, with unintended consequences for the lessor. On the other hand, the licenses do not grant tenants full control of the property. A licence is only a right of occupancy, it does not give a tenant the right to exclude the landlord. In fact, the lessor should ensure that this is never the case, otherwise a lease could be created by default. In the event of a conflict, the Court considers your agreement to be a lease agreement. It is up to you to prove that it is a license. If you fail, your problems have started. However, some owners use the wrong type of written agreement, so your type of rental may be different from your contract. Oral agreements can be more difficult to enforce in the event of a dispute. Regardless of what is written in the contract, the facts of the agreement will determine whether or not a lease exists. Although a person may believe that he or she only has a licence to occupy a property, he or she will have a lease if they are exclusively in possession of the property.
Exclusive ownership means that the person has the right to prevent others from entering a specific area of the site, with the exception of access to the lessor or his enforcement assistants for inspection or repair. An agreement will be a licensing agreement, not a lease agreement, in which the occupier will simply have permission to use a space that remains the property of the owner and over which the owner controls. Guaranteed and guaranteed short-term leases, which have no fixed terms and are only in the process of lease periods, are called periodic leases. This type of lease is perfectly acceptable. The contractual periodic rent is the duration of the rent, i.e. if rent is paid monthly, the rental periods are also valid one month on a date. On the other hand, there is no interest in a licence for the land. The licensee only authorizes the taker to use the country, not exclusively to fill. Subject to its conditions, a licence may also be terminated contractually or even by refusal by the licensee.
The licensee`s appeal against the licensee`s infringement of the licence can only consist of claiming damages, not the occupation of the property. A licence, such as an at-will lease, creates no legal interest in the land. It is simply an authorization to use the premises for specific purposes and may be for a fixed or continuous period. A license does not grant exclusive ownership. “… there is no doubt that the traditional distinction between a lease agreement and a land licence was the granting of land for a period of exclusive ownership.” If you don`t have a written agreement, you still have legal rights.