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Home » Law Dictionary » D » DEMISE

DEMISE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) contracts. In its most extended signification, it is a conveyance either in fee, for life, or for years. In its more technical meaning, it is a lease or conveyance for a term of years. (B) persons. A term nearly synonymous with death. It is usually applied in England to the death of the king or queen.

Law Dictionary – Alternative Legal Definition

(noun) – In conveyancing. A conveyance of an estate to another for life, for years, or at will; most commonly for years; a lease. 1 Steph. Comm. 475. Voorhees Church, 5 How. Prac. (N. Y.) 71; Gil more Hamilton, 83 Ind. 196.
Originally a posthumous grant; commonly a lease or conveyance for a term of years; sometimes applied to any conveyance, in fee, for life, or for years. Pub. St. Mass. 1882, p. 1289.”Demise” is synonymous with “lease” or “let” except that demise ex vi termini implies a covenant for title, and also a covenant for quiet enjoyment whereas lease or let implies neither of these covenants. Brown.
The word is also used as a synonym for “decease” or “death.” In England it is especially employed to denote the death of the sovereign. Demise and redemise. In conveyancing. Mutual leases made from one party to another on each side, of the same land, or something outiof it; as when A. grants a lease to B. at a nominal rent (as of a pepper corn,) and B. redemises the same property to A. for a shorter time at a real, substantial rent Jacob; Whishaw. Demise of the crown. The natural dissolution of the king is generally so called; an expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of the disunion of the king’s natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. 1 Bl. Comm. 249; Plowd. 234. Several demises. In English practice. In the action of ejectment it was formerly customary, in case there were any doubt as to the legal estate being in the plaintiff, to insert in the declaration several demises from as many different persons; but this was rendered unnecessary by the provisions of the common law procedure acts. Single demise. A declaration in ejectment might contain either one demise or several. When it contained only one, it was called a “declaration with a single demise.”

(verb) – In conveyancing. To convey or create an estate for years or life; to lease. The usual and operative word in leases: “Have granted, demised, and to farm let, and by these presents do grant, demise, and to farm let”.

Related Posts:

  • TERM FOR YEARS
  • ASSURANCE
  • LEASE
  • UNDER-LEASE
  • CONVEYANCE
  • ESTATE

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