LEASE. 
Lease, in law, otherwise called a De- 
mise, is a conveyance or letting of lands or 
tenements,' in consideration of rent, or 
other annual recompense made for life, for 
years, or at will; but always for a less time 
than the interest of the lessor in the pre- 
mises; for if it were of the w-hole -interest, 
it would be more properly an assignment. 
He that demises or lets, is the lessor ; and 
be to whom it is demised or let, is the 
lessee. 
A lease may either be made by writing or 
word of mouth, called in law, a lease by pa- 
rol. The former is most usual ; but by the 
statute of frauds, 29 Charles II. c. 3, all 
leases of lands, except leases not exceeding 
three years, must be made in writing, and 
signed by the parties themselves, or their 
agents duly authorized, otherwise they will 
operate only as leases at will. If a lease is 
but for half a year, or a quarter, or less 
time, the lessee is respected as a tenant for 
years ; a year being the shortest term of 
which the law, in this case, takes notice ; 
that is, he is entitled to the general privi- 
leges of a tenant for years, and is classed as 
such, though his term lasts only for the time 
specified. 
To constitute a good lease, there must be 
a lessor not restrained from making the 
lease to the extent for which it it granted ; 
a lessee capable of receiving it ; and the in- 
terest demised must be a demisable inte- 
rest, and be sufficiently and properly de- 
scribed. If it is for years, it must have a 
certain commencement and determination ; 
it is to have all the usual ceremonies, as 
sealing, delivery, &c. ; and there must be 
an acceptance of the thing demised. 
Leases were formerly only to a sort of 
bailifis, who tilled the land, and paid a part 
of the profits to the landlord ; they were for 
very short terms, and the tenant’s estate 
was little respected in the law. They are 
now granted for long terms, and are very 
beneficial interests. 
The following points may be necessary 
to be specified here concerning leases. 
First, they must have a certain commence- 
ment and end. Leases tor life must not be 
made to commence at a future day, and 
there must be a livery of seisin. They 
must now be stamped as a lease, to be va- 
lid j and any form of writing will constitute 
a lease, provided it contains words of pre- 
sent demise, or actual letting; but if it be 
only an agreement to let, it conveys no im- 
mediate title in law, but only an equitable 
right to have a lease, or to sue at law for 
not making one. If a lease is made to on« 
for years, and at the same time to another 
for a longer time, the last lease is not void, 
but shall take effect after the first expires. 
A tenant for life can, in general, only grant 
a lease to enure during his life ; but some- 
times a power is annexed to such an estate, 
to grant leases for a specified time, and 
under particular limitations, all which 
must be strictly complied with, or the 
lease is void ; and instances have happened, 
where building-leases have been set aside, 
and persons ruined by having granted un- 
der-leases. An infant may make a lease j 
but may set it aside when he comes of age ; 
and the Court of Chancery is empowered to 
grant leases for idiots, lunatics, infants, and 
married women. 
The rent must be reserved to the execu- 
tor or the heir of the lessor, according as 
his estate is real or personal. Lessees are 
bound to repair, unless the contrary is spe- 
cified; and although if the house is burnt 
by accident they are not bound to rebuild, 
yet they must if the fire be by negligence ; 
and if there is a covenant to pay rent, and 
a covenant to repair, except in case of fire, 
yet rent is payable, although the house is 
not rebuilt by the landlord. If there is a 
covenant not to assign, lease, or under-let, 
without licence of the landlord, the tenant 
cannot even grant an under-lease. 
Upon a lease at will, six months’ notice 
to quit must generally be given by either 
party, to determine on the same day in the 
year when the lease commenced. Leases 
made by spiritual persons of their church- 
lands, must be strictly conformable to cer- 
tain statutes called the enabling and dis- 
abling statutes. The tenant may, at the 
trial of an ejectment, insist upon his notice 
to quit being insufficient, although he made 
no objection when it was served. See 
further Jacob’s “ Law Dictionary,” title 
Leases. 
Lease and Release, a conveyance of 
the fee simple, right, or interest, in lands 
or tenements, under the statute of uses, 
27 Heniy 'VIII. c. 10, giving first the pos- 
session, and afterwards the interest, which 
in law is equivalent to a feoffment. It was 
invented to supply the place of livery of 
seisin, and is thus contrived ; a lease, or ra- 
ther bargain and sale, upon some pecuniary- 
consideration, for one year, is made by the 
tenant of fhe freehold to the lessee or pur- 
chaser, which vests in him the use of the 
term for a year; and then the statute of 
uses, 27 Henry VIII, c. 10, immediately 
