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Surrender

To give up, return, or yield.

The word surrender presupposes the possession or ownership of the thing that is to be returned or given up. It indicates a transfer of title as well as possession, but it does not express or in any way suggest the transaction of a sale and delivery. Instead, it involves yielding or delivering in response to a demand. A surrender may be compelled or it may be voluntary.

In landlord-tenant law, surrender occurs when a tenant agrees to return the leased premises to the landlord before the expiration of the lease and the landlord agrees to accept the return of the premises.

In this respect a surrender differs from Abandonment, which is simply a unilateral act on the part of the tenant. In contrast, a surrender arises through a mutual agreement between the lessor and lessee.

Surrender is used in many areas of Substantive Law. For example, in Criminal Law it refers to a suspect's giving up to the police. In insurance law the "cash surrender" value is the amount of money a person will receive when he elects to end a policy and take the proceeds allocated under the insurance contract.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

surrender

v. 1) to turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) to give oneself up to law enforcement officials.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

surrender

1 to give up a right.
2 the bringing to an end of a lease by the tenant's giving up his interest to his landlord. Surrender maybe express or implied: express surrender should be effected by deed whereas implied surrender can be gleaned from the behaviour of the parties indicating that they both regard the lease as at an end.
Collins Dictionary of Law © W.J. Stewart, 2006

SURRENDER, estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement, Co. Litt. 337, b.
     2. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderer, and vests it in the surrenderee, even without the assent (q.v.) of the latter. Touchs. 300, 301.
     3. The technical and proper words of this conveyance are, surrender and yield up; but any form of words; by which the intention. of the parties is sufficiently manifested, will operate as a surrender, Perk. Sec. 607; 1 Term Rep. 441; Com. Dig. Surrender, A.
     4. The surrender may be express or implied. The latter is when an estate, incompatible with the existing estate, is accepted or the lessee takes a new lease of the same lands. 16 Johns. Rep. 28; 2 Wils. 26; 1 Barn. & A. 50; 2 Barn. & A. 119; 5 Taunt. 518, and see 6 East, R. 86; 9 Barn. & Cr. 288 7 Watts, R. 128. Vide, generally, Cruise, Dig. tit. 32, c. 7; Com. Dig. h.t.; Vin. Ab. h.t.; 4 Kent, Com. 102; Nels. Ab. h.t.; Rolle's Ab. h.t. 11 East, R. 317, n.
     5. The deed or instrument by which a surrender is made, is also called a surrender. For the law of presumption of surrenders, see Math. on Pres. ch. 13, p. 236; Addis. on Contr. 658-661.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
He ended up a prisoner after his U-862 German submarine crew surrended in 1945.
Cameroon coach Claude Le Roy defended his side after they surrended the lead, saying: "I think we can be very proud of the team.
VE Day - or Victory in Europe Day - was on May 8, 1945, when the Nazis surrended to the Allies.
Second-half goals by Andrew Jones, Glaedan Evans and Rohdri Llwyd gave Dewi Stars a 3-2 victory against Penrhyncoch who surrended a two-goal interval lead.
Charming therapist Kelly Harris was delighted when my stiff shoulders surrended with a loud crunch under her strenuous manipulations.
West Ham meekly surrended and were beaten by two Brolin goals.
Rolf, meanwhile, surrended to the Americans in 1945and, after spending time in a prison camp in Cumbria, met his English wife, Doreen,now 72.
But they finally surrended their lead in the 78th minute when Neil Doherty's cross was met by midfielder Steve Housham, whose back-header flew into the net.
They were about to take Wireless Ridge when the Argies surrended - much to the little men's disappointment.
I-ZINGARI Combination Division One leaders Old Xaverians surrended their unbeaten record with a 1-0 defeat at Merseyside Police, Jason Asquith firing the vital goal.
Belton, 36, surrended voluntarily at Newry on Wednesday night and was yesterday given bail.
Event: Half a decade of a war which killed 250,000 came to an end when Cambodian government surrended to Khmer Rouge.