Lease or License

            There are two terms I’ll to write about today. If you give written permission to another party which gives them the exclusive right to possess the property against all others you have a leasehold and they go with the land; whoever, if you tell another person they may use your property for a given amount of time even if you charge a fee for the usage and you still have the exclusive rights of ownership you have a license agreement.

            I am not a lawyer but lets just agree that leaseholds last forever and licenses last only as long as the property owner permits them to.  So, if you are looking to purchase a large property with an easement running down the center you may need to think of what you wish to do with that property and how the easement is going to affect its usability.

            There are businesses which offer people monthly payments to put a tower or billboard or something on their property. If they wish to do so through your granting them a license then that one thing but if they demand an easement that is another.

So, the items which show you have a license are;

• There isn’t a formal written agreement
• No rental payments
• No specific spot or place on your property will the usage will occur
• No intent to transfer the leasehold estate
• The other party has no right to exclude others
• No termination date
• The agreement end at owner’s will unless the licenses is irrevocable

Be careful and get good legal advice from a trusted law professional, which I am not one of I am just the sound of warning to be careful.

Note: Images on this blog site are from a free source or taken by the author. No image or group of photos is intended to represent the people the author serves. The author does not care about Race (that is a politically correct term that he does not like because we are all of the same Race, the Human Race. He prefers the term ethnicity, color, religion, sex, gender, marital status, disability, genetic information, national origin, source of income, Veteran or military status, ancestry, citizenship, primary language or immigration status.) He is a service provider for all people. We will all rise together when we band together and help one another. Joseph Erwin is a Real Estate Broker, DRE # O2131799, and a CA general contractor # B 696662. He’s a member of the CRMLS and The East Valley Association of Realtors located in the Inland Empire region of Southern California.