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Leasing
From Wikipedia, the free encyclopedia
This article is about a property agreement in private law. For leased territories in international law, see Concession (territory).
This page discusses periodic tenancies (i.e. weekly or monthly tenancies) and fixed-term tenancies for goods and real property. Other aspects of leasing are dealt with in the article on leasehold estates. See also Accounting for leases in the United States for relevant material on the system in the United States.
This article does not cite any references or sources. (January 2007)
Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.
A lease or tenancy is the right to use or occupy personal property or real property given by a lessor to another person (usually called the lessee or tenant) for a fixed or indefinite period of time, whereby the lessee obtains exclusive possession of the property in return for paying the lessor a fixed or determinable consideration (payment).
In law, there are two types of property:
Real property is land or any permanent feature or structure above or below the surface. Ownership of land is an aspect of the system of real property or realty in common law systems (immovables in civil law systems and Conflict of Laws).
All other property is considered personal property or personalty in common law systems (movables in civil law and Conflict of Laws), and this property is either tangible or intangible, i.e. it is either physical property that can be touched like a computer, or it is an enforceable right like a patent or other form of intellectual property.
There are three separate levels of rights or interests affecting both forms of property. In descending order of importance they are:
ownership,
possession or
control and use.
The legal documents that transfer these rights are respectively: conveyance/transfer, lease/tenancy, and bailment/pledge for tangible personalty, assignments and licenses for intangibles.