An Overview of Premises in Law
Understanding the Legal Definition of Premises
In the context of legal terminology, "premises" refers to a specific geographic location or space that is the subject matter of legal interests, transactions, or discussions. The term is most frequently used in property law, particularly in real estate transactions, where it denotes a parcel of land along with any improvements, such as buildings, that are located on the land. The term extends beyond real estate to include intellectual property, evidentiary contexts, and other areas within the law.
In the realm of property law, the distinction between real property and personal property often arises, with both categories coming under the umbrella of premises. Real property concerns fixtures that are firmly attached to land, whereas personal property or moveable property are not affixed to land and can be relocated without damage or alteration. The necessity to appropriately identify a commercial property can appear deceptively straightforward; however, a commercial property may encompass real property, personal property , or a combination of both. Inquiries into the boundary of commercial property are an area of law unto themselves.
The legal concept of an easement provides yet another useful understanding of the term. An easement is a nonpossessory right to use or enter another’s real property or a specified portion of real property for a designated purpose. An example of premises, in this case, would be a street or alley that crosses a plot of land and is open and available to the public for purposes such as ingress and egress. The term "premises" is important in this segment of the law because it helps define the parameters of real property ownership and establishes expectations for what constitutes a reasonable use of property.
The definition of premises is tightly connected to the law of real property and remains a vital component in a variety of legal settings. While its most common usage is in identifying real property, the term may occasionally be used to refer to intangible property and intellectual property. The vitality of the term stems from its ability to delineate spaces and carve out separate legal spaces for distinct purposes.
Residential and Commercial Premises under the Law
An insured’s property can fall into one or more of a number of categories, including residential, commercial, and industrial. Over the years, exclusions and definitions have grown to be quite complex in interpreting the scope of coverage when it comes to claims for loss or damages involving an insured’s property. Your first step is to categorize your property by type.
Residential premises – Defined as "premises used or intended for humans to live in on a permanent basis." Homeowners insurance policies are written to cover losses to residential property. These policies have limitations that are different and that should be understood in advance in order to prevent surprises to the homeowner. The homeowner has the ability to pay additional premiums to receive more coverage for certain items of property (i.e. your grandmother’s diamond broach or other heirloom jewelry). Important to note is that the homeowner must ensure these additional coverages are reflected in his or her renewal policy.
Commercial premises – Defined as "premises used for doing business." This classification does not refer to the actual structure in which the personal property is located; rather, the classification refers to the actual business being conducted within the structure. Important to know is that a commercial premises policy will cover personal property in the following ways:
Industrial premises: This simply refers to a more intensive use of the property by the owner who is "industrializing" the property. The premium will depend on the type of industry and what is being used thereon.
Legal Implications of Premises Liability
Premises liability is a legal concept that holds premises owners responsible for certain damages that occur on their properties. The circumstances under which they may be liable depend on their legal relationship to the injured person and whether they can be found negligent. Generally, premises owners must ensure the safety of visitors and tenants with respect to those issues and conditions about which they were aware or had reason to be aware. A breach of that duty can lead to personal injury suits if someone is injured as a result.
The most common kind of injury to result in a premises liability suit is a slip and fall accident. If a visitor slips on an icy sidewalk, for instance, the owner of the premises could be held liable. If someone was injured due to electrical failure or a faulty appliance in the property, the landlord may be held liable. Both slip and falls and improper electrical or appliance safety issues could be avoided if the owner knew or should have known of them.
Sexual crimes can also result in premises liability claims. If a property owner fails to provide an adequate security system on their premises (in an apartment building or highly-trafficked commercial area) and a crime is committed against a resident or visitor, the owner may be held financially responsible for their injuries.
Contract Law and Premises
Issues related to the definition of premises most commonly arise in contract law, where a particular contract might become voidable due to a premise’s undetected defect. Whether a contract has been breached because the premises contained latent defects is a common dispute in cases related to the sale of property. When the premises proves not to be satisfactory, the remedy may be recission or damages, whichever is more suitable to the circumstances.
Similarly, in the context of a lease agreement, the tenant does not have to pay rent where the promised premises has not been made possible for him to enjoy. This is a protective measure in favour of tenants , and can be overtaken by express terms in the lease charter in question or by the issues of public policy. The same legal reasoning applies in the context of leases, which are deemed as contracts as well. Amendments to leases that affect the definition of premises will normally not be given effect if they are not in writing and signed by both the landlord and tenant/s, in line with the requirements of the Alienation of Land Act. In the case of mutual breach of a condition precedent, however, such as an instance whereby both parties are at fault for failing to sign the lease charter, the courts have accepted differing standards in relation to the "smaller part" of the contract that was carried out.
Premises Legal Obligations, Laws and Requirements
A variety of laws and local ordinances regulate premises. Safety regulations, zoning laws, and property maintenance codes are at the forefront of the types of law that have an effect on premises. Laws vary widely by jurisdiction and can cover everything from building codes to sanitation to fire safety. For instance, in Pennsylvania, the International Property Maintenance Code managed by the Commonwealth is a good example of a compilation of local property maintenance codes. These local codes enforce various laws at the local level. Compliance with these codes can help to avoid criminal liability for violations, though public authorities generally have wide discretion in their enforcement.
Zoning, often specific to municipalities, dictates the design and use of properties. These zoning laws regulate a number of aspects of land use, including density, yard size, and height of buildings. Although it is not the primary purpose for which zoning regulations exist, the combatting of nuisance is an important factor in the creation of zoning regulations. Zoning ordinances are utilized to preserve the character of neighborhoods and to mitigate negative externalities to neighboring premises arising from nuisances such as noise, water, and waste run-off. Although zoning ordinances are intended to be applied in an even-handed manner, oftentimes, unintended discrimination can arise against minorities and the economically disadvantaged from the downsides of singling out certain properties for intensified regulation while others are excluded from such restrictions. Therefore, it is important for municipalities to implement zoning ordinances carefully, particularly when applying them to lower-income communities.
Conclusion: Defining Premises within the Law
In conclusion, understanding the legal definition of premises is crucial in a number of contexts, including insurance, tortious liability, property law, and various other related areas of law. As we have established above, the definition of what constitutes a premises is much broader than a physical space, and can include places not typically associated with property like a work truck or even an object used for a specific purpose, such as an elevator . The ramifications of defining premises incorrectly are numerous and can result in a plaintiff’s right to collect on a premises liability insurance policy being denied or a plaintiff being unable to recover on a personal injury claim. Thus, if you are in any way involved in a dispute about the proper definition of premises, be assured that this issue is nothing to take lightly.