Lease

A contract for the possession and profits of lands and tenements on the one side, and a recompense of rent or other income on the other. Bac. Abr. Lease in pr.; or it is a conveyance to a person for life, or years, or at will, in consideration of a return of rent or other recompense. This definition appears in the first edition of this W’ork with the authorities as cited. It is also quoted with refei’euce to Woodfall, L. & T. c.

1, sec.

1, as an accurate definition of the relation of landlord and tenant in Jackson V. Harsen, 7 Cow. 323, 17 Am. Dec. 517, and note. A species of contract for the possession and profits of lands and tenements either for life or for a certain period of time, or during the pleasure of the parties. A conveyance by way of demise, always for a less term than the party conveying has in the premises.

Tayl. Landl. & Ten. § 16; Craig v. Summers, 47 Minn. 189, 49 N. W. 742, 15 L. R. A. 23G.

One of its essential properties is, that its duration must be for a shorter period than the duration of the Interest of the lessor in the land; for if he disposes of his entire Interest It becomes an assignment, and is not a lease. In other words, the granting of a lease always supposes that the grantor reserves to himself a reversion in the leased premises. And a distinction is to be noted between a lease and a mere agreement for a* lease. The whole question, however, resolves itself into one of construction, and an Instrument is to be considered either a lease or an agreement for a lease, according to what appears to be the intention of the parties; Burnett v. Scribner, 16 Barb. (N. Y.) 621; 9 Ad. & E. 644; Rice v. Brown, 81 Me. 56, Weed V. Crocker, 13 Gray (Mass.) 226; St Louis Brewing Ass’n v. Niederluecke, 102 Mo. App. 303, 76 S. W. 645; though, generally, if there are apt wprds of demise followed by possession, the instrument will be held a lease; Averill v. Taylor, 8 N. Y. 44; Kabley v. Gas Light Co., 102 Mass. 392; 4 Ad. & E. 225; otherwise, if a fuller lease is to be prepared and executed before the demise is to take effect and possession to be given; Aiken v. Smith, 21 Vt. 172; People V. Gillls, 24 Wend. (N. Y.) 201; Jenkins v. Eldredge, 3 Stor. 325, Fed. Cas. No. 7,268; Buell V. Cook, 4 Conn. 238; Griffin v. Knisely, 75 111.

411; L. B. 2 Ex. Div. 355.

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