Demised Sentence Examples
Leases frequently contain a covenant by the lessee to bear and pay rates, taxes, assessments and other " impositions " or " charges," or " duties " or " outgoings," or " burdens " (except property tax) imposed upon the demised premises during the term.
The component parts of a lease are the parties, the recitals (when necessary) setting out such matters as the title of the lessor; the demise or actual letting (the word " demise " is ordinarily used, but any term indicating an express intention to make a present letting is sufficient); the parcels in which the extent of the premises demised is stated; the habendum (which defines the commencement and the term of the lease), the reddendum or reservation of rent, and the covenants and conditions.
The Conveyancing Act 1881 provides that, as regards conveyances subsequent to 1881, unless a contrary intention is expressed, a lease of " land " is to be deemed to include all buildings, fixtures, easements, &c., appertaining to it; and, if there are houses or other buildings on the land demised, all out-houses, erections, &c., are to pass with the lease of the land.
Thus a lessee is under an implied obligation to treat the premises demised in a tenant-like or " husband-like " manner, and again, where in a lease by deed the word " demise " is used, the lessor probably covenants impliedly for his own title and for the quiet enjoyment of the premises by the lessee.
A covenant by the lessor, limited to his own acts and those of persons claiming under or through him, for the "quiet enjoyment" by the lessee of the demised premises, and covenants by the lessee to pay rent, to pay taxes, except such as fall upon the landlord, to keep the premises in repair, and to allow the landlord to enter and view the condition of the premises may be taken as typical instances of " usual " covenants.Advertisement
As instances of " collateral " covenants, we may take a covenant by a lessor to give the lessee a right of pre-emption over a piece of land adjoining the subject of the demise, or in the case of a lease of a beer-shop, not to keep any similar shop within a prescribed distance from the premises demised, or a covenant by a lessee to pay rates on premises not demised.
A tenant is not entitled, without the landlord's consent, to change the character of the subjects demised, and, except under an agricultural lease, he is bound to quit the premises on the expiration of the lease.
It was abolished in 1880 as regards all leases entered into after the 11th of November 1881, where the land demised exceeded two acres in extent, and the landlord was left to remedies akin to ejectment (Hypothec Abolition, Scotland, Act 1880).
In 1280 it was found by an inquisition that the men of Hedon "were few and poor" and that if the town were demised at a fee-farm rent the town might improve.
Are the latter words in such covenants limited to payments of this kind, or do they include single and definite payments demanded, for example, by a local authority, acting under statutory powers, for improvements of a permanent kind affecting the premises demised?Advertisement