Yet More on Granting Language

I’ve written about granting language several times, most recently in this November 2011 post. I now have another issue for you.

Consider the following stripped-down provisions:

Acme hereby grants Smith a license to use the Marks.

Acme hereby licenses the Marks to Smith.*

And consider these provisions:

WidgetCo hereby grants to Jones a lease to the Premises.*

WidgetCo hereby leases the Premises to Jones.

In each case, the asterisk denotes what I think is the irregular way to express that meaning.

My conclusion? Although language of performance for licensing and leasing could use analogous verb structures, most drafters use the noun license and the verb lease. There’s no cosmic significance to that—it’s just a quirk of legal language.

Am I right?

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.