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It should also be noted that since a licence does not transfer land interests, it is not subject to stamp duty. However, it would be useless to mark a document as a license just to avoid stamp duty. Whether a document establishes a rental or license does not depend on the name of the document or other labels issued by the parties, but on the true nature of the rights and obligations as demonstrated in the agreement. An essential factor in distinguishing between a rental and a license is whether the user has exclusive occupation or possession of the property. Subject to facts that vary from case to case, the law generally accepts that the occupation of exclusivity (the user can occupy the property exclusively and privately) establishes a rental for a period with regular payments. The licensor is the person granting the license, and a licensee is the person who pays for the license and enjoys the rights. Licenses should not be confused with leases or leases, as they differ in their respective aspects. The courts have concluded that licences are leases in which one or more of these characteristics are either completely absent from the agreement or are not sufficiently transferred to the powers retained by the licensor. The assignor is called the landlord and the assignor the tenant. The price is called a premium and the money, share, service or something else that needs to be provided in this way is called rent. The question of whether a particular agreement to occupy a property is a lease or a vacation and licensing agreement has been the subject of numerous court decisions, and it has been found that various contractual clauses must be read as a whole to determine whether it grants vacation and licensing rights or whether it establishes leases. The mere assignment of the title of leave and license to your contract does not entail a vacation and license agreement, unless the terms of the contract also comply with the conditions of withdrawal and license and do not grant rental rights. To benefit from a license agreement, the owner must ensure that their agreement with the potential user of the premises is in fact a license and not a lease.

It`s not necessarily an easy task…