premises

premises (prem-[schwa]-siz).

1. Matters (usu. preliminary facts or statements) previously referred to in the same instrument (wherefore, premises considered, the plaintiff prays for the following relief).

2. The part of a deed that describes the land being conveyed, as well as naming the parties and identifying relevant facts or explaining the reasons for the deed.

3. A house or building, along with its grounds (smoking is not allowed on these premises).

“Premises (= a house or building) has a curious history in legal usage. Originally, in the sense of things mentioned previously, it denoted the part of a deed that sets forth the names of the grantor and grantee, as well as the things granted and the consideration. Then, through hypallage in the early 18th century, it was extended to refer to the subject of a conveyance or bequest as specified in the premises of the deed. Finally, it was extended to refer to a house or building along with its grounds. In short, someone who says, ‘No alcohol is allowed on these premises,’ is engaging unconsciously in a popularized legal technicality.” Bryan A. Garner, A Dictionary of Modern Legal Usage 685 (2d ed. 1995).

demised premises. Leased property.

— Also termed premises demised.


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