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License Agreement When a person grants to another person or to a certain number of persons a right to do or to continue to do in the immovable property of the grantor; that given right is called a LICENSE which would in the absence of such right, be unlawful.
In the license, there is a permission to a person to make use of another’s property without exclusive possession.
A license may be granted by a person having an interest in the property and only up to the extent in and to which he may transfer his interest.
Is The Grant of License Required To Be Expressed?
The grant of license may be expressed or implied depends upon the conduct of the grantor.
A license generally carries with it the incident of non-transferability that is a License cannot transfer by the licensee but there is an exception where the license can be transferred.
No, the instrument granting the right need not be registered.
Is The Grant of License Also Transfer The Possession And Control In The Property To Licensee?
No, in case of license the owner continues to be in possession and control of the property.
Parties in a license
Licensor:
A person who grants the permission to the person to do or to continue to do in the immovable property of the grantor for a limited period of the term.
A person to whom the easement of enjoying the immovable property has been given by the granter for a certain period of time.
Factors to Be Considered While Drafting a License Agreement
In deciding whether to give out premises on the licensing basis and while drafting a license agreement some of the factors to be considered are as follows:
What is the remedy available to the parties in case of any dispute arises between the parties in respect to the agreement and clauses therein?
Force majeure (An act done by God)
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