Distinguish between the following: License and Lease

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Distinguish between the following: License and Lease

Answer & Explanation:

License and Lease is distinguished inter se with following characteristics: Basis License Lease Heritage License is a personal non-heritable right Lease is a heritable right in rem Interest Creates no interest in the guarantee Interest created in the lessee Assignment Non assignable Usually assignable Revocation Always permissive and normally revocable Permissive but not normally revocable Exclusivity Not exclusive user Exclusive user Forfeiture Denial of grantor's title does not necessarily result in forfeiture. Denial of lessor's title results in forfeiture Remedy Remedy for breach is damages Specially enforceable Notice No notice necessary to terminate relationship Notice necessary to terminate relationship Registration Instrument granting right does not require registration. Instrument creating right requires registration Suits Does not entitle licensee to sue strangers in his own name Can sue in his own name Vote A licensee does not qualify for a vote May qualify for a vote Rents Not liable for rents Liable for rents Liability of Public Nuisance User not liable for public nuisance Liable for public nuisance

Topics: Property Law

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