Trace Your Case


Whether the document executed by the parties is a Lease or a License?


The following propositions may, therefore, be taken as well-established:
To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form;
The real test is the intention of the parties - whether they intended to create a lease or a licence;
If the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence; and
If under the document a party gets exclusive possession of the property, prima facie, he is considered to be a tenant; but circumstances may be established which negative the intention to create a lease.

Subscribe to Read More.
Login Join Now