Also known as:demises · demised · demising · demissio · demisi · lease · conveyance
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land conveyed for a term of years. The conveyance is accomplished by a written instrument that identifies the parties, premises, duration, and rent.
Sources & Authorities· 32 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Merger Exception for Independent Promise
Derek Douglas demised a parcel to Destiny Davis by written lease after closing on a contract that separately promised construction of a boundary fence. Davis later discovered the fence had never been built. Because the fence promise was independent of the leasehold transfer, the court held it survived merger and remained enforceable despite the demise.
Shareholder Vote for Asset Sale
Dakota Industries proposed to lease its only manufacturing plant to a competitor for twenty years. The transaction would leave the corporation without a significant continuing business activity. The board therefore sought and obtained the required shareholder approval before executing the demise.
Dylan Duffy remained in possession of the premises for three weeks after his one-year lease from Diane Dawson expired. Duffy asserted no claim of superior title. The court classified his continued occupancy as an estate at sufferance arising from the prior demise.
Oral Lease and Periodic Tenancy
Daphne Doyle and Denise Donovan reached an oral agreement for a three-year lease of retail space. Doyle took possession and paid monthly rent that Donovan accepted. The arrangement created a periodic tenancy with all lease terms except duration, even though the original demise violated the statute of frauds.
Unanimous Partner Consent Required
Duarte Shipping, a limited partnership, sought to demise substantially all of its warehouse properties outside the ordinary course of business. All partners gave affirmative consent as required before the transaction could proceed.
Multiple Writings Forming Memorandum
Drake Logistics signed a letter expressing interest in leasing a parcel and later signed a separate memorandum that omitted the land description. The two documents were read together and satisfied the statute of frauds for the proposed demise.
Common questions
Frequently Asked
3
What are the essential elements of a valid demise?+
A valid demise requires a writing that identifies the parties, the premises, the duration of the term, and the rent. Delivery with intent to pass the leasehold interest is also necessary.
Supporting sources
How does merger affect promises contained in a contract for a demise?+
Merger does not bar claims based on fraud, mutual mistake, or independent collateral promises. The court examines the parties' intent and the nature of the promise to decide whether it survives the deed.
When does an invalid oral demise create a periodic tenancy?+
Possession plus payment and acceptance of rent as provided in the lease creates a periodic tenancy containing all terms except duration.
9 Ex. 341, 156 Eng. Rep. 145 (1854)Remedies
…be delivered at Greenwich on the following day. On the following day the shaft was taken by the defendants, before noon, for conveyance to Greenwich and the sum of £2 4s. was paid for its carriage for the whole distance. At the same time the defendants' clerk was told that a special entry, if required, should be made to…
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