1. The act of yielding to another’s power or control.
2. The giving up of a right or claim; RELEASE(1). [Cases: Release
1. C.J.S. Release §§ 2–3, 5–8, 19.]
3. The return of an estate to the person who has a reversion or remainder, so as to merge the estate into a larger estate. Cf. MERGER(4).
“Merger bears a very near resemblance, in circumstances and effect, to a surrender; but the analogy does not hold in all cases, though there is not any case in which merger will take place, unless the right of making and surrender resided in the parties between whom the merger takes place. To a surrender, it is requisite that the tenant of the particular estate should relinquish his estate in favor of the tenant of the next vested estate, in remainder or reversion. But merger is confined to the cases in which the tenant of the estate in reversion or remainder grants that estate to the tenant of the particular estate, or in which the particular tenant grants his estate to him in reversion or remainder. Surrender is the act of the party, and merger is the act of the law.” 4 James Kent, Commentaries on American Law *100 (George Comstock ed., 11th ed. 1866).
4. Commercial law. The delivery of an instrument so that the delivery releases the deliverer from all liability. [Cases: Bills and Notes 438. C.J.S. Bills and Notes; Letters of Credit §§ 240–241.]
5. A tenant’s relinquishment of possession before the lease has expired, allowing the landlord to take possession and treat the lease as terminated.
— Also termed (in sense 5) surrender of term. [Cases: Landlord and Tenant 109. C.J.S. Landlord and Tenant §§ 120, 123–124.] — surrender, vb.
