demise

demise
I
v.
To convey or create an estate for years or life. To lease; to bequeath or transmit by succession or inheritance
II
n.
A conveyance of an estate to another for life, for years, or at will (most commonly for years); a lease. 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. "Demise" is synonymous with "lease" or "let". The use of the term in a lease imports a covenant for quiet enjoyment, Sixty-Third & Halsted Realty Co. v. Chicago City Bank & Trust Co., 299 Ill.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.
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
@ demise charter
Under a demise (or "bareboat") 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.
One under which control of vessel is taken from owner and vested in the charterer who mans and navigates vessel during rental period. F. Jacobus Transp. Co. v. Gallagher Bros. Sand & Gravel Corp., D.C.N.Y., 161 F.Supp. 507, 511.
There must be relinquishment of all control over ship, barge or scow. B. W. King, Inc. v. Consolidated Iron & Metal Co., D.C.N.Y., 310 F.Supp. 471, 474
@ 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.
@ 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."
@ demised premises
That property, or portion of a property which is leased to a tenant
@

Black's law dictionary. . 1990.

Игры ⚽ Поможем сделать НИР
Synonyms:

Look at other dictionaries:

  • demise — de·mise 1 /di mīz/ vt de·mised, de·mis·ing: to convey (possession of property) by will or lease the demised premises demise 2 n [Anglo French, from feminine past participle of demettre to convey by lease, from Old French, to put down, give up,… …   Law dictionary

  • Demise — De*mise , n. [F. d[ e]mettre, p. p. d[ e]mis, d[ e]mise, to put away, lay down; pref. d[ e] (L. de or dis ) + mettre to put, place, lay, fr. L. mittere to send. See {Mission}, and cf. {Dismiss}, {Demit}.] 1. Transmission by formal act or… …   The Collaborative International Dictionary of English

  • Demise — De*mise , v. t. [imp. & p. p. {Demised}; p. pr. & vb. n. {Demising}.] 1. To transfer or transmit by succession or inheritance; to grant or bestow by will; to bequeath. Power to demise my lands. Swift. [1913 Webster] What honor Canst thou demise… …   The Collaborative International Dictionary of English

  • demise — mid 15c., from M.Fr. demise, fem. pp. of démettre dismiss, put away, from des away (from L. dis ) + M.Fr. mettre put, from L. mittere let go, send (see MISSION (Cf. mission)). Originally transfer of estate by will, meaning extended 1754 to death …   Etymology dictionary

  • demise — [dē mīz′, dimīz′] n. [Fr démise, fem. pp. of OFr démettre, to dismiss, put away < L demittere: see DEMIT] 1. Law a transfer of an estate by lease, esp. for a fixed period 2. the transfer of sovereignty by death or abdication 3. a ceasing to… …   English World dictionary

  • demise — *death, decease, passing …   New Dictionary of Synonyms

  • demise — [n] fate, usually death annihilation, collapse, curtains, decease, departure, dissolution, downfall, dying, end, ending, expiration, extinction, failure, fall, final thrill*, last out*, last roundup*, lights out*, number’s up*, passing, quietus,… …   New thesaurus

  • demise — ► NOUN 1) a person s death. 2) the end or failure of something. ORIGIN Old French, from Latin dimittere send away …   English terms dictionary

  • Demise — For other uses, see Demise (disambiguation). Demise, in its original meaning, is an Anglo Norman legal term (from French démettre, from Latin dimittere, to send away) for a transfer of an estate, especially by lease. The word has an operative… …   Wikipedia

  • demise — I v. To convey or create an estate for years or life. To lease; to bequeath or transmit by succession or inheritance II n. A conveyance of an estate to another for life, for years, or at will (most commonly for years); a lease. Originally a… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”