License Usage Issues In Property Management
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Real estate property management involves working with licensed property. The license gives the manager of the property the right to work upon the property. Essentially a license is mandatory for any person, who desires to use the property of another person. Easements and leases are given with similar purposes but the license is different from both. All the three forms of formal documents are basically agreements. Usually a license is an agreement made on verbal communication though sometimes it is drafted out in writing also. Unlike an easement it is not of a permanent nature. It also differs from a lease because unlike the latter, it cannot be set for a predefined period of time after which it becomes invalid.
Real estate property management is used to manage a tenement that is essentially a property that a person (other than the owner) with a license can use for a specific purpose. An easement also has provisions for the usage of tenements. In the case of an easement the owner of an adjacent property (called the dominant tenement) is benefited. It gives the owner of the adjacent property an additional right that comes due to the conveyance of that property. In the case of a license agreement the owner of an adjacent property cannot benefit from the dominant tenement phenomenon. This is because the license happens to be a personal possession.
Real estate property management can be the responsibility of the owner of the property or the owner of the adjacent property in the easement type of agreement. The license differs from an easement and a lease agreement, as it is a privilege given to a person rather than any right that is attached with a property that is applicable to future users of the property. It is a non transferable privilege. A lease and an easement on the other hand are appurtenant rights that can be transferred to the current users of a property. The person having the license to a property does not necessarily have to be an occupant of the property.
The real estate property management team may be the licensed users of a property. Their job is not to occupy a property but to use the premises of the property for specific purposes, for example its maintenance and construction of some new additions to the property. The holder of a license has only the right to use a property and does not have the right for possessing it exclusively. The licensee is given only the non-exclusive usage of a property. The license agreement is similar to the easement agreement in this respect but differs from the lease agreement where exclusive rights to possessions are granted.
The real estate property management professionals are the ones who hold licenses to use a property for performing their duties on the tasks. But they do not have any personal interest in any kind of ownership or occupancy issues of the property that is an essential feature of the easement and lease agreement deeds. The license can be regarded as a permission given by the owner of the property to a person or professional to conduct activities on the property to the interest of the owner. The owner has the right to withdraw the license whenever he wishes to, but it should be done on fair grounds.
Disclamer: This entry is intended to promote our partner StorageMart and some or all participants received compensation.