LEAVE AND LICENSE

Leave-n-License (for short L & L) Agreement relates to the immoveable property and thus is one of the branch of property documentations like Sale/Purchase Deed or Development Agreement & Development Power Of Attorney or  Transfer of Development Rights or Agreement for Sale, or Search Report and Certificate of Title or Public Notice.
Deed of Leave and License do not create any interest, title or right in the property for the holder of a license (usually called Licensee) but is only a personal obligation arising between the owner i.e. Licensor and the Licensee. As such the owner who is termed as Licensor is in safe zone and is not required to risk the property licensed to the Licensee who can easily be evicted from the premises in comparison to the Lessee under the lease deed.
The Concept of L & L besides rendering the Owner/Licensor freedom from much legal confrontation vis-à-vis the Licensee had also provided larger scope and opportunity to the investors for making safe and handsome returns upon their investments in real estate. Thus, in urban areas almost all the premises are let on L & L basis.
The Deed to be of L & L and not the Lease, should have massive limitations placed upon the user of the premises by the Licensee by reason whereof the Licensee is left with meager or no liberty in making the of use of the premises in comparison to the lessee under the lease arrangement. As for instance, where the premises are let on Leave and License for a particular business purpose, the Licensee cannot switch over to any other business of his/her choice without the written consent of the Owner/ Licensor likewise if the premises are thus let for residence, then the Licensee cannot allow extra persons to reside with him/her other than his/her family without the without the written consent of the Owner/ Licensor.
The Agreement L & L is governed by the legislations relating to Easements, Contract, Rent Control, Stamp duty.

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