Demisability - Law Dictionary

Demise

Demise, a grant; it is applied to an estate either in fee or for term of life or years, but most commonly to the latter; it is used in writs for any estate, 2 Inst. 483.The operative word 'demise' in a lease implies a covenant on the part of the lessor for the lessee's quiet enjoyment during the term, Hart v. Windsor, (1843) 12 M&W 85; Markham v. Paget, (1908) 1 Ch 697; but an express covenant for quiet enjoyment excludes any implied one, Line v. Stephenson, (1838) 4 Bing NC 678.Of the Crown. The death of the sovereign, demissio regis vel coron', an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual, Plowd. 177. See (English) Succession to the Crown Act, 1707 (6 Anne, c. 41) (c. 7 as commonly printed), s. 8, as to continuance for six month...

demise

demise de·mised de·mis·ing : to convey (possession of property) by will or lease [the demised premises] n [Anglo-French, from feminine past participle of demettre to convey by lease, from Old French, to put down, give up, renounce, from Latin demittere to let fall and dimittere to release] 1 : the conveyance of property by will or lease : lease 2 : the transmission of property by testate or intestate succession 3 : charter of a boat in which the owner surrenders completely the possession, command, and navigation of the boat called also bareboat charter ...

Crown, demise of

Crown, demise of. See DEMISE....

Demise of the crown

Demise of the crown, A 'demise of the crown' refers to the death of a monarch and is used to describe the transfer of the kingdom to his or her successor, Hill v. Grange, (1555) 1 Plowd 164....

Re-demise

Re-demise, a re-granting of land demised or released....

Surrender of the demised estate

Surrender of the demised estate, means yielding up of the estate to the landlord, so that the leasehold interest becomes extinct by mutual agreement between the parties or by operation of law. It does not involve alienation of an estate. Under a surrender, the landlord resumes possession of the property without opposition from the tenant. The term 'surrender' is well-known to law and generally distinguished from abandonment which is another term that does not involve transfer, Mubarak Husain v. Custodian-General of Evacuee Property, New Delhi, AIR 1957 Punj 197....

Demisable

Capable of being leased as a demisable estate...

Demise and redemise

Demise and redemise, mutual leases of the same land, or something out of it. It was properly used upon the grant of a rentcharge, etc....

Demised premises

Demised premises, that the intention of the parties was to create relationship of landlord and tenant, (1999) 4 SCC 545....

Lease

Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...

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