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Demise vs. Lease — What's the Difference?

By Fiza Rafique & Urooj Arif — Updated on March 30, 2024
Demise refers to the transfer of property ownership through a lease or will, often implying death, while lease is a contract renting property or equipment for a specified period.
Demise vs. Lease — What's the Difference?

Difference Between Demise and Lease

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Key Differences

Demise, in legal contexts, typically refers to the conveyance of an estate by lease or will, implying the transfer of property rights, often upon the owner's death. It historically signifies the transfer of sovereignty or an estate to another. In contrast, a lease is a specific contractual agreement where the owner (lessor) grants another party (lessee) the right to use property, land, or equipment for a defined period in exchange for payment.
The concept of demise is broader and can encompass the idea of leasing, as leasing is one of the methods by which a demise can occur. However, demise can also relate to inheritance or succession, areas not covered by the standard lease agreement. While demise can imply a permanent or long-term transfer, especially in the context of death, leases typically have fixed terms, after which the property reverts to the owner unless renewed.
Legally, the terms of a lease cover specifics like payment amounts, duration, and use restrictions, focusing on the temporal use of property rather than the transfer of ownership rights. In contrast, a demise, especially when related to wills, involves the permanent transfer of those rights. Thus, while all demises in the form of leases involve the transfer of property rights for use, not all leases are demises in the traditional sense of transferring ownership or sovereignty.
In practical terms, leasing is a common commercial and personal activity, involving everything from real estate to vehicles and equipment. The demise, however, is a term more frequently encountered in legal, historical, and formal contexts, describing a broader range of property rights transfers, including those by death or succession.

Comparison Chart

Definition

Transfer of property rights, often upon death or by lease.
Contract granting use of property or equipment for a specific period.
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Context

Legal, historical; implies broader transfer of rights or sovereignty.
Legal, commercial; specific agreement for use of property.

Duration

Can be permanent (through wills) or temporary (through leases).
Temporarily fixed term, with specific start and end dates.

Focus

Transfer of ownership rights or sovereignty.
Right to use property without transferring ownership.

Common Uses

Estates, sovereignty, and historical contexts.
Real estate, vehicles, equipment rental.

Compare with Definitions

Demise

Often implies a transfer due to death.
Upon her demise, the property was divided among her children.

Lease

Specifies terms, duration, and payment.
The lease agreement clearly outlined the monthly rent and maintenance responsibilities.

Demise

Can indicate the granting of a lease.
The landlord's demise of the apartment involved a strict no-pets policy.

Lease

Allows use without ownership transfer.
Leasing the car allowed her flexibility without a long-term commitment.

Demise

Involves broader property rights transfers.
The corporate demise included the transfer of all assets and liabilities.

Lease

Covers various assets, from real estate to personal property.
The construction company had a lease for heavy machinery.

Demise

Historically, related to sovereignty or estate transfers.
The historical documents detailed the demise of the estate to the eldest son.

Lease

Can be renewed or terminated based on the agreement.
After the initial lease term, the tenant opted to renew for another year.

Demise

The transfer of property through a will or lease.
The king's demise led to the transfer of the crown to his heir.

Lease

A lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. Property, buildings and vehicles are common assets that are leased.

Demise

Demise is an Anglo-Norman legal term (from French démettre, from Latin dimittere, to send away) for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment."The phrase "demise of the Crown" is used in English law to signify the immediate transfer of the sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim "the Crown never dies." At common law the death of the sovereign eo facto dissolved Parliament, but this was abolished by the Representation of the People Act 1867.

Lease

A contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment
A six-month lease on a shop

Demise

Death.

Lease

Grant (property) on lease; let
She leased the site to a local company

Demise

The end of existence or activity; termination
The demise of the streetcar.

Lease

A contract granting use or occupation of property during a specified period in exchange for a specified rent or other form of payment.

Demise

(Law) Transfer of an estate by lease or will.

Lease

The term or duration of such a contract.

Demise

The transfer of a ruler's authority by death or abdication.

Lease

To grant use or occupation of under the terms of a contract.

Demise

(Law) To transfer (an estate) by will or lease.

Lease

To get or hold by such a contract.

Demise

To transfer (sovereignty) by abdication or will.

Lease

An interest in land granting exclusive use or occupation of real estate for a limited period; a leasehold.

Demise

(Law) To be transferred by will or descent
The land demised to a charitable institution.

Lease

An interest granting exclusive use of any thing, such as a car or boat.

Demise

To die.

Lease

The contract or deed under which such an interest is granted.

Demise

(legal) The conveyance or transfer of an estate, either in fee for life or for years, most commonly the latter.

Lease

The document containing such a contract or deed.

Demise

Transmission by formal act or conveyance to an heir or successor; transference; especially, the transfer or transmission of the crown or royal authority to a successor.

Lease

The period of such an interest.

Demise

(countable) Death.

Lease

An open pasture or common.

Demise

(countable) The end of something, in a negative sense; downfall.
The lack of funding ultimately led to the project's demise.

Lease

The place at which the warp-threads cross on a loom.

Demise

To give.

Lease

To grant a lease as a landlord; to let.

Demise

To convey, as by will or lease.

Lease

To hold a lease as a tenant.
I'm leasing a small apartment in Runcorn for a month while I'm there for work.

Demise

To transmit by inheritance.

Lease

(transitive) To gather.

Demise

To pass by inheritance.

Lease

(transitive) To pick, select, pick out; to pick up.

Demise

(intransitive) To die.

Lease

(transitive) To glean.

Demise

Transmission by formal act or conveyance to an heir or successor; transference; especially, the transfer or transmission of the crown or royal authority to a successor.

Lease

(intransitive) To glean, gather up leavings.

Demise

The decease of a royal or princely person; hence, also, the death of any illustrious person.
After the demise of the Queen [of George II.], in 1737, they [drawing- rooms] were held but twice a week.

Lease

To tell lies; tell lies about; slander; calumniate.

Demise

The conveyance or transfer of an estate, either in fee for life or for years, most commonly the latter.

Lease

To release; let go; unloose.

Demise

To transfer or transmit by succession or inheritance; to grant or bestow by will; to bequeath.
What honorCanst thou demise to any child of mine?

Lease

To gather what harvesters have left behind; to glean.

Demise

To convey; to give.
His soul is at his conception demised to him.

Lease

To grant to another by lease the possession of, as of lands, tenements, and hereditaments; to let; to demise; as, a landowner leases a farm to a tenant; - sometimes with out.
There were some [houses] that were leased out for three lives.

Demise

To convey, as an estate, by lease; to lease.

Lease

To hold under a lease; to take lease of; as, a tenant leases his land from the owner.

Demise

The time when something ends;
It was the death of all his plans
A dying of old hopes

Lease

The temporary transfer of a possession to another person in return for a fee or other valuable consideration paid for the transfer;

Lease

The contract for such letting.

Lease

Any tenure by grant or permission; the time for which such a tenure holds good; allotted time.
Our high-placed MacbethShall live the lease of nature.

Lease

Property that is leased or rented out or let

Lease

A contract granting use or occupation of property during a specified time for a specified payment

Lease

The period of time during which a contract conveying property to a person is in effect

Lease

Let for money;
We rented our apartment to friends while we were abroad

Lease

Hold under a lease or rental agreement; of goods and services

Lease

Grant use or occupation of under a term of contract;
I am leasing my country estate to some foreigners

Lease

Engage for service under a term of contract;
We took an apartment on a quiet street
Let's rent a car
Shall we take a guide in Rome?

Lease

A contract for renting property, land, or equipment.
They signed a two-year lease for the downtown office space.

Common Curiosities

What is the primary difference between demise and lease?

Demise refers broadly to the transfer of property rights, often by death or lease, while a lease is a specific agreement for using property for a period.

What happens to property on the demise of the owner?

Upon the owner's demise, property may be transferred to heirs or specified parties through a will or succession laws.

Is a lease always a form of demise?

In legal terms, leasing can be considered a form of demise regarding the transfer of property use rights, but demise also covers other forms of property rights transfer.

Can demise imply death?

Yes, demise often implies the transfer of rights or property upon death, especially in legal contexts.

How does demise relate to inheritance?

Demise in the context of inheritance involves the permanent transfer of property rights to heirs upon the owner's death.

What are the legal implications of a lease?

A lease binds both lessor and lessee to its terms, including use, payments, and duration, enforceable by law.

How is a lease terminated?

A lease can be terminated based on its terms, through mutual agreement, or at its expiration, among other conditions.

How does a lease work?

A lease is a contractual agreement where the lessor allows the lessee to use property or equipment for a specified time in exchange for payment.

Can a lease affect property value?

Yes, a lease can impact property value, depending on its terms, duration, and the nature of the leased property.

What is required for a lease to be valid?

A valid lease typically requires a written agreement, clear terms, the consent of both parties, and adherence to legal standards.

Is a lease legally binding?

Yes, a lease is a legally binding agreement that specifies the rights and obligations of both the lessor and lessee.

Can commercial properties be demised?

Yes, commercial properties can be demised to tenants through lease agreements or transferred through wills.

How does one transfer property rights through demise?

Property rights can be transferred through demise via legal documents such as wills or lease agreements, following applicable laws.

What does it mean to demise property to someone?

To demise property to someone means to transfer property rights to them, either through leasing or upon death.

Does demise only apply to real estate?

While commonly associated with real estate, demise can also refer to the transfer of other property rights or sovereignty.

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Author Spotlight

Written by
Fiza Rafique
Fiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Urooj Arif
Urooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.

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