Definition of DEMISE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEMISE
v. 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." 2 Bl. Comm. 317; 1 Steph. Comm. 476; Co. Litt. 45a; Carr v. King, 24 Cal.App. 713, 142 P. 131, 133.
n. 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. Priddy v. Green, Tex.Civ.App., 220 S.W. 243, 248. 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." The use of the term in a lease imports a covenant for quiet enjoyment. Evans v. Williams, 291 Ky. 484, 165 S.W.2d 52, 55; Sixty-Third & Halsted Realty Co. v. Chicago City Bank & Trust Co., 299 III.App. 297, 20 N.E.2d 162, 167; and implies a covenant by lessor of good right and title to make the lease. Evans v. Williams, 291 Ky. 484, 165 S.W.2d 52, 55.
A charter of a barge without motive power accompanied by bargee paid by owner, The Nat. E. Sutton, D.C.N.Y., 42 F.2d 229, 232; Harbor Towboat Co. v. Lowe, D.C.N.Y., 47 F.Supp. 454, 456; or of a tug or other vessel under circumstances making charterer owner pro hac vice, Davison Chemical Corporation v. The Henry W. Card, D.C. N.Y., 51 F.Supp. 380, 382; Conners Marine Co. v. Wathen, D.C.N.Y., 43 F.Supp. 283, 284. Under a demise charter, there is but a hiring of the vessel, under which no title passes to the charterer but merely the right to possess and control it for a limited period. McGahern v. Koppers Coal Co., C.C.A.Pa., 108 F.2d 652, 653.
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 out of 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."
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That's the definition of DEMISE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
