Legal Definitions - Remise

In legal terms, to remise means to formally give up or relinquish a claim, right, or interest in something. It signifies a clear intention to surrender any potential entitlement one might have.

While it can apply in various contexts, the term is most commonly encountered in real estate law, particularly within a type of deed called a quitclaim deed. When a grantor (the person transferring an interest) uses language like "remise, release, and quitclaim" in a deed, they are conveying whatever interest they might have in the property to the grantee (the person receiving the interest), but without making any promises or warranties about the quality or validity of that title. Essentially, they are saying, "I give up any claim I might have to this property, but I'm not guaranteeing that I actually own it or that there are no other claims against it."

• Example 1: Clearing a Property Title

  Imagine Sarah inherited a family home. Years ago, her distant cousin, David, had a very minor, ambiguous claim to a small portion of the property due to an old, unclear will. To ensure Sarah has a completely clean and undisputed title, especially if she plans to sell the house, David agrees to sign a document stating he "remises" any potential claim he might have to the property. This action formally extinguishes any lingering doubt about his interest.

  This illustrates "remise" because David is formally giving up any uncertain or potential claim he might possess, thereby allowing Sarah to have undisputed ownership and a clear title.

• Example 2: Resolving a Boundary Dispute

  Mr. Chen and Ms. Rodriguez are neighbors with a minor, long-standing disagreement over a 5-foot strip of land along their shared property line. After several discussions, Mr. Chen, valuing neighborly peace over the small strip, decides to formally "remise" any claim he might have to that land. He signs a document acknowledging that he is giving up his right to the disputed area, effectively conceding it to Ms. Rodriguez.

  Here, Mr. Chen is formally relinquishing his asserted claim to the disputed land, resolving the conflict by giving up his right to it.

• Example 3: Settling an Estate

  Following their grandmother's passing, two siblings, Emily and Tom, are dividing her personal belongings. Both express an interest in a particular antique grandfather clock. To avoid any family disagreement, Emily, who also loves the clock, decides to formally "remise" her claim to it, allowing Tom to take full possession without dispute. She might sign a simple agreement to this effect.

  This example demonstrates "remise" as Emily is formally giving up her potential claim or right to the antique clock, ensuring Tom's undisputed ownership.