Also known as: premise · property · lands
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Land together with the buildings and other structures upon it. The term identifies the specific parcel or building that is the subject of a conveyance, lease, mortgage, or regulatory restriction.
Land together with the buildings and other structures upon it. The term identifies the specific parcel or building that is the subject of a conveyance, lease, mortgage, or regulatory restriction.
Select any source to read its text and confirm it supports the definition.
The introductory portion of a pleading that recites the facts already stated earlier in the document. Courts sometimes refer to relief sought in the premises when granting orders based on those facts.
Select any source to read its text and confirm it supports the definition.
The introductory portion of a pleading that recites the facts already stated earlier in the document. Courts sometimes refer to relief sought in the premises when granting orders based on those facts.
Each sense below has its own examples, sources, and questions.
Priscilla Parks signs a contract to buy a warehouse from Pierre Poulin. Before closing a fire destroys the structure. Under equitable conversion the risk of loss has already passed to Priscilla so she must still pay the full purchase price even though the premises no longer exist in their original condition.
Perry Pratt owns a parcel the state wants for a highway project. The government files a condemnation action against the premises. The Fifth Amendment requires just compensation before Pratt can be deprived of the property.
Penelope Price delivers the deed to her commercial building to her lawyer for safekeeping during a dispute. The lawyer must keep the premises deed separate from personal files and maintain complete records of its location and condition.
Paula Pierce and Paige Porter negotiate a five-year lease for retail space. The writing names the parties and states the rent but never identifies the specific building or unit. Because the premises are not described the lease fails to satisfy the statute of frauds.
Peak Performance owns vacant land in State A but has no other contacts there. A plaintiff sues in State A over an unrelated contract dispute. The mere presence of the premises does not create minimum contacts sufficient for personal jurisdiction.
Premier Manufacturing hires a broker to value an apartment complex it may sell. The broker must comply with fair housing rules when appraising the residential premises because the statute regulates appraisals of residential real property.
The writing must identify the premises with sufficient particularity. Without that identification the lease is unenforceable even if the parties, duration, rent, and signatures are present.
Supporting sources
Risk passes at contract formation in majority-rule jurisdictions. The buyer therefore bears the loss if the premises are destroyed before closing and must still pay the full price.
Supporting sources
No. When the claim is unrelated to the property the mere presence of the premises does not satisfy minimum contacts.
Supporting sources
The statute regulates the selling, brokering, or appraising of residential real property and prohibits discrimination on listed bases in those activities.
Supporting sources
…copy should be entitled to it; if the Secretary refuses shall he not be compelled? There is no difference between a patent for lands and the commission of a judicial officer, the duty of the Secretary is precisely the same. After the President has signed a commission for an office not held at his will and it comes to the…