lease

The right to 'lease' is protected by § 1982 against the actions of third parties, as well as against the actions of the immediate lessor.

A contract by which a person owning or controlling lands or tenements permits another to occupy the same for a period less than that to which the right of the lessor extends. The person so permitting the occupation of premises is called the "lessor"; the person contracting for possession is called the "lessee." Regarded with respect not to the making of the lease, but of the relation created thereby, the parties are known respectively as "landlord" and "tenant."

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. See CoN-

A conveyance of lands or tenements to a person for ilfe, for a term of years or at will, in consideration of a return of rent or some other recompense. The person who so conveys such lands or tenements is termed the "lessor," and the person to whom they are conveyed, the "lessee;" and when the lesser so conveys lands or tenements to a lessee, he is said to lease, demise or let them, 4 Cruise, Dig. 58. A conveyance of any lands or tenements, (usually in consideration of rent or other annual recompense,) made for life, for years, or at wlll, but always for a less time than the lessor has ip the premises; for, lf it be for the whole interest, it is more properly an assignment than a lease. 2 Bl. Comm. 317; Shep. Touch. 266; Watk. Conv. 220. And see Sawyer v. Hansen, 24 Me. 545; Thomas v. West Jersey R. C., 101 U. S. 78, 25 L. Ed. 950; Jackson v. Harsen, 7 Cow. (N. Y.) 326, 17 Am. Dec. 517; Lacey v. Newcomb, 95 Iowa, 287, 63 N. W. 704; Mayberry v. Johnson, 15 N. J. Law, 121; Milliken v. Faulk, 111 Ala. 658, 20 South. 594; Craig v. Summers, 47 Minn. 189, 49 N. W. 742, 15 L. R. A. 236; Harley v. O'Donnell, 9 Pa. Co. Ct. R. 56. A contract in writing, under seal, whereby a person having a legal estate in hereditaments, corjforeal or incorporeal, conveys a portion of his interest to another, in consideration of a certain annual rent or render, or other recompense. Archb. Landl. & Ten. 2. "Lease" or "hire" is a synallagmatic contract, to which consent alone is sufficient, and by which one party gives to the other the enjoyment of a thing, or his labor, at a fixed price. Civil Code La. art. 2669. When the contract is bipartite, the one part is called the "lease," the other the "counterpart." In the United States, it is usual that both papers should be executed by both parties; but in England the lease is executed by the lessor alone, and given to the lessee, whlle the counterpart is executed by the lessee alone, and given to the lessor.

— Concurrent lease. One granted for a term which ls to commence before the expiration or other determination of a previous lease of the same premises made to another person; or, in ether words, an assignment of a part of the reversion, entitling the lessee to all the rents accruing on the previous lease after the date of his lease and to appropriate remedies against the holding tenant Cargill v. Thompson, 57 Minn. 534, 59 N. W. 638.

— Lease and release. -A species of conveyance much used in England, said to have been invented by Serjeant Moore, soon after the enactment of the statute of uses. It is thus contrived: A lease, or rather bargain and sale upon some pecuniary consideration for one year, is made by the tenant of the freehold to the lessee or bargainee. Thisy without any enrolment, makes the bargainor stand seised to the use of the bargainee, and vests in the bargainee the use of the term for one year, and then the statute immediately annexes the possession. Being thus in possession, he is capable of receiving a release of the freehold and reversion, which must be made to the tenant in possession, and accordingly the next day a release is granted to him. The lease and release, when used as a conveyance of the fee, have the joint operation of a single conveyance. 2 Bl. Comm. 339; 4 Kent, Comm. 482; Co.. Litt. 207; Cruise, Dig. tit 32, c. 11.

— Mining lease. See Mining.

— Parol lease. A lease of real estate not evidenced by writing, but resting in an oral agreement.

— Perpetual lease. A lease of lands which may last without limitation as to time ; a grant of lands in fee with the reservation of a rent in fee ; a fee-farm. Edwards v. Noel, 88 Mo. App. 434.

— Sublease, or underlease. One executed by the lessee of an estate to a third person, conveying the same estate for a shorter term than that for which the lessee holds it.

A conveyance of an estate in lands or tenements (usually in consideration of rent or other annual recompense), less than that of the grantor, for life, for years or at will. Lease and release: a conveyance deriving its efficacy from the statute of uses, and evading livery of seisin and enrolment, now the most common method in England, of conveying freehold estates. It is a compound conveyance, consisting of a lease, or rather a bargain and sale, and a release, constituting separate deeds. The lease makes the lessor or bargainor stand seised to the use of the bargainee in whom the use is thus vested; to the use the statute immediately unites the possession; and the bargainee, being thus in possession, can receive a release completing the conveyance.

A conveyance of lands or tenements to a person for life, fora term of yeurs, or at will, in consideration of a return of rent or some other recompense. The person who ! 80 conveys such lands or tenements is termed b the “lessor,” and the person to whom they are conveyed, the “lessee;” and when the lessor 80 conveys lands or tenements to a lessee, ho is said to lease, demise, er let them. 4 Cruise, Dig. 58. A conveyance of any lands or tenements, (usually in consideration of rent or other annual recampense,) made for life, for years, or at will, but always for a less time than the Jessor has in the premises; for, if it be for the whole interest, it is more properly an as- A contract in writing, under seal, whereby a person having a legal estate in hereditaments, corporeal or incorporeal, conveys a portion of his interest to another, in consideration of a certain annual rent or render, or other recompense. Archb. Landl. & Ten. 2. “Lease” or “hire” is a synallagmatic contract, to which consent alone is sufficient, and by which one party gives to the other the enjoyment of a thing, or his labor, at a fixed price. Civil Code La. art. 2669, When the contract is bipartite, the one part is called the “lease,” the other the “counterpart.” In the United States, it is usual that both papers should be executed by both parties; but in England the lease is executed by the lessor alone, and given to the lessee, while the counterpart is executed by the lessee alone, and given to the lessor. A concurrent lease, or lease of a reversion, is one granted for a term which is to commence before the determination of a previous lease of the same land to another person. An undericase or sublease is one executed by the lessee of an estate to a third person, conveying the same estate fora shorter term than that for which the lessee holds it.

^ A conveyance of. any lands or tenements (usually in consideration! of rent ■ Acts 5 June, 1T94, 20 April, 1818; 1 Story, L^W3,353; 3 id. 1694. » Cory V. Boylston Ins. Co., 107 Mass. 144 (1871). = See First Nat. Bank of Kansas City v. Hartford Fire or other annual recompense,) made for life, for years, or at will, but always for a less time than the, lessor has in the premises.^ A conveyance of the whole interest constitutes an assignment. 2 Also, to convey the use of realty by a lease. See Let, 3. A contract for the possession and profits of land and tenements on the one side, and a recompense of rent or other income on the other; in other words, a conveyance to a person for life, or years, or at will, in consideration of a return of rent or other recompense.' The creation of an estate for years, commonly called a term. While this is both the ordinary and the strictly legal signification, the word may be used in a different sense.* A lease for years is a contract for the possession and profits of lands for a determinate period, with the recompense of rent.' A conveyance by the owner of an estate to another of a portion of his interest therein, for a term less than his own, in consideration of a certain annual or stated rent, or other recompeuse.6 Lessor. A person who grants a lease. Lessee. He to whom a lease is made. The usual words are "demise, grant, and to farm let,'" It is not necessary that " lease " be used. Whatever is equivalent will be equally available, if the words assume the form of a license, covenant, or agreement, and the other requisites of a lease as a contract are present.^ A lessee entering into possession under a lease is estopped, while retaining possession, to deny his landlord's title. This arises from the nature of the contract of lease, which is for the possession and use, for a, prescribed period, of the lessor's property, under considerations to him by way of rent or otherwise. It implies an obligation to surrender the premises to the lessor on the termination of the lease, that is, at the expiration of the time during which the owner has stipulated that the lessee may have the use and possession of his property. The lessee cannot be allowed 1 3 Bl. Com. 317. = 3 Bl. Com. 317; 105 Pa. 473; 13 B. L 358. = Branch v. Doane, 17 Conn. *411 (1845), Storrs. J., quoting 4 Cruise, Dig. 67. See also 24 Me. 645; 21 N. J. L. 388; 43 N. J. E. 383; 7 Cow. 326; 1 Pars. Contr. SOS. < Jamaica Pond Aqueduct Corporation v. Chandler, 9 Allen, 167-69 (1864), Bigelow, C. J. " United States v. Gratiot, 14 Pet. S38 (1840), Thompson, J.; Thomas v. West Jersey E. Co., 101 XJ. S. 78 (1879). "Gray v. La Fayette County, 6B Wis. 570 Lyon, J. to controvert the title ot the lessor without disparaging his own, and he cannot set up the title of another without violating that contract by which he obtained and holds possession, and breaking that faith which he has pledged, and the obligation of which is still continuing and in full operation. ^ A lease may be at will, for years, for life, of perpetual duration, — for any period which will not exceed the interest of the lessor, and subject to a condition, which is a qualification annexed to the estate by the grantor, or lessor, whereby the estate or term granted may, among other things, be defeated or terminated.' A lease not to exceed three years from the making need not be in writing. But in Maine, Massachusetts, New Hajnpshire, Ohio, Vermont, and perhaps in other States, a parol lease creates merely a tenancy at will.' Iioase and release. A conveyance for transferring a fee-simple. Invented after the Statute of t Tses was enacted. A lease (a bargain and sale) for years was made by the tenant of the freehold. This, unrecorded, made the bargainor stand seized to the use of the bargainee, and vested in the latter the use of the term; whereupon the statute immediately vested the possession. The bargainee, being in possession, could receive a release of the freehold and reversion, which was made the next day — and this supplied the place of livery of seizin, and amounted to a feof Ement.* Leasehold. An estate in land for a fixed term of years. The disposition has been to assimilate leaseholds, at least for long terms, to real estate. The courts have sometimes construed the words '* realty " and " lands " to include them. Some of the States have by statute made them real estate.^ At common law, a leasehold interest in land is personal property, and subject to levy and sale as such," Perpetual lease. A lease unlimited in respect to length of term; a fee-farm. See Farm. Short lease; long lease. In common speech, refer, somewhat indefinitely, to the period of time a lease is to run. Sublease; underlease. A lease of premises already leased, made by the first lessee. ' Robertson v. Pickrell, 109 U. S. 614-15 (1883), Field, Justice. Quotes Marshall, C. J., in Blight's Lessee v. Eochester, 7 Wheat. 547 (1882). See also Rector v. Gibbon, 111 U.' S. 284 (1884); Tilyou v. Reynolds, 108 N. T. 563 (1888), cases. "Wain^r v. Tanner, 38 Ohio St. 120 (1888), cases,- Okey, C. J. 5 1 Washb. E. P. 614. < 2 Bl. Com. 339; 4 Kent, 482. 5 Dawson v. Daniel, 2 Flip. 317, 313 (1878), Hammond, Judge. " Freeman v. Dawson, 110 U. S. 270 (1884), cases. Effect of destruction of the estate, 94 Am. Dec. 662-65, Whence sub-lessee, under-lessee: a sub-tenant, an under-tenant. 1 See Condition; Cbop; Demise; En.ioyment; Flooh; Grant, 2, 3; Landlord; Mineral; Month; Nuisance; Parties; Release; Rent; Surrender, 3; Waiver; Years; Yielding.

A conveyance of an estate in lands or hereditaments, less than that possessed by the grantor, for hfe, years, or at will.

Is an assurance of property for life, or years, or at will, and for less time than he that leases has in the property; and usually made upon consideration of payment of a rent or other annual recompense, expressly covenanted to be paid for the use of the property. Lessor who a lease. A lease is properly a conveyance of any lands or tenements, usually in consideration of rent, or other annual recompense, made for life, for years, or at will, but always for a less time than the lessor hath in the premises; for, if it be for the whole interest, it is more properly an assignment than a lease. He that letteth is called the lessor, and he to whom the lands, &c., are let is called the lessee. See 2 Bl. Com. 20; Shep. Touch, ch. 14; Jacob; Broum. A lease for years is a contract between lessor and lessee for the possession and profit of lands, &c., on the one side, and a recompense for rent or other income on the other. Bac. Abr., tit. Leases. Lease is also sometimes, though improperly, applied to the estate, — i.e. the title, time, or interest the lessee hath in the thing demised; and then it is rather referred to the thing taken or had, and the interest of the taker therein; but it is more accurately applied to the manner or means of attaining or coming to the thing letten. See Sliep. Touch, ch. 14. A lease for years, in legal understanding, is a contract for the possession and profits of lands for a determinate period, with the recompense of rent. It is not necessary that this rent should be in money. If received in kind, it is rent in contemplation of law. United States v. Gratiot, 14 Pet. 526; 1 Mc Lean, ibi. A lease is a contract for the possession and profits of lands and tenenaents, on one side, and a recompense of rent or other compensation, on the other. Vorhees v. Presb. Church of Amsterdam, 5 How. Pr. 58, 71; Dolittle v. Eddy, 7 Barb. 74; Jackson V. Harsen, 7 Cow. 323; Sawyer v. Hanson, 24 Me. 542. In estimating the language which constitutes a lease, the form of words used is of no consequence; and it is not necessary that the term lease should be used. Whatever is equivalent will be equally available, if the words assume the form of a license, covenant, or agreement, and the other requisites of a lease are present. Moore v. Miller, 8 Pa. St. 272. A vote by one corporation to lease its railroad to another, and of the latter corporation to take the lease at a rental of a certain per cent upon its reasonable cost, do not constitute a lease, within the meaning of said acts. Peters v. Boston & Maine R. R. Co., 114 Mass. 127. The word lease, in an instrument of lease, imports a covenant for quiet enjoyment, which runs with the land. ■ Hamilton v. Wright, 28 Mo. 199; Maule b. Ashmead,20 Pa. St. 482. A lessor for a term assigned the rent and " within lease." No interest passed beyond the term. Demarest v. Willard, 8 Cow. 206. Whether the term lease, spoken of the instrument, necessarily implies a seal, see Den u. Johnson, 15 N. J. L. 116. used in England, under the statute of uses. This kind of conveyance was thus contrived: A lease, or rather bargain and sale upon some pecuniary consideration for one year, was first made by the tenant of the freehold to the lessee or bargainee; i.e., to the person to whom the lands were to be conveyed. This made the vendor stand seised to the use of the lessee or bargainee, and vested in the latter the use of the term for a year. To this the statute of uses immediately transferred the possession. Thus the bargainee, being in possession, became immediately capable of accepting a release of the freehold and reversion (which could only be made to a tenant in possession). Accordingly, a release was made to him, dated the day next after the day of the date of the lease for a year, which at once transferred to him the freehold. This method of conveying gi-ew into extensive favor, and became adopted as the most common mode. It was deemed preferable to a bargain and sale, and to a covenant to stand seised to uses, because it effected a transfer of the legal estate under the rules of the common law; and therefore the declaration of uses upon it needed not to be confined to persons from whom a consideration moved. It was also preferred to a bargain and sale, and still more to a feoffment, because no additional ceremony was necessary to its operation; but the transfer of property in land might be effected by it in any part of the world, as instantaneously as the payment of money. And where the subject of conveyance was land in reversion or remainder, it was also preferable to a mere deed of grant; as 'the grantee had no need, if his title were called in question, to prove that there was a particular estate in existence at the time of the grant. Leasehold. Any interest in land less than freehold might be so called; but,.in practice, the word is generally applied to an estate for a fixed term of years. Mozley Sj- W. A dependent tenure, derived either from a freehold or a copyhold estate. Wharton. Leases and sales of settled estates act. This is the Stat. 19 & 20 Vict. ch. 120, passed in 1856, the object of which is to or for any greater estate, to demise the land for periods which may last beyond his own life, subject to the provisions and restrictions in the act contained. (1 Steph. Com. 252,253,266,279; Wms. R.P.) This act has been amended in some particulars by Stat. 37 & 38 Vict. ch. 33, passed in 1874 Mozhy Sf- W.