Also known as: alienate · alienates · alienated · alienating · alienable · alienability · alienee · alienor · transfer of property · conveyance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A conveyance or transfer of property to another. The transfer may be voluntary or involuntary and is accomplished by deed or other instrument that passes title from grantor to grantee.
Withdrawal from former attachment or estrangement. The term describes conduct by a third party that intentionally causes one spouse to lose affection for the other, giving rise to a tort claim for alienation of affections.
Each sense below has its own examples, sources, and questions.
A conveyance or transfer of property to another. The transfer may be voluntary or involuntary and is accomplished by deed or other instrument that passes title from grantor to grantee.
Angela Acosta sold land to Adam Anderson by warranty deed that contained no mention of a promised boundary fence. After closing Adam discovered the fence promise was false. Angela's transfer of title constituted alienation of the estate. Adam's fraud claim proceeds because merger does not bar claims based on fraud.
Amelia Amari conveyed a life estate to Ava Adebayo. After the measuring life ended Ava remained in possession without claiming superior title. The continued possession after termination of the conveyed interest created an estate at sufferance rather than a new alienation of the fee.
Albert Allen contracted in writing to buy acreage from Aaron Adams. Before closing the parties orally agreed to cancel the deal. The oral rescission discharged unperformed duties even though the statute of frauds would apply to any new contract to rescind the alienation of the land.
Aurora Biotech granted a security interest in laboratory equipment to a lender. The equipment consisted of movable items at the time the interest attached. The items qualified as goods under the statute because they were movable when the security interest attached and the alienation was perfected by filing.
Arcadia Retail transferred cash and inventory to a trustee during the settlor's lifetime. The transfer satisfied the statutory method for creating a trust by delivery of property to another person as trustee. Title to the assets passed by alienation from the settlor to the trustee.
Apex Dynamics leased space to Artemis Logistics. The lease required tenant consent for any assignment by the landlord but stated consent could not be withheld unreasonably. The restraint on alienation of the landlord's interest was valid because the lease did not grant an absolute right to withhold consent.
Merger does not bar claims based on fraud, mutual mistake, or collateral agreements not intended to merge. The court examines the parties' intent and the nature of the promise to decide whether the alienation by deed discharged the earlier obligation.
An estate at sufferance arises when a person who obtained possession by a valid conveyance wrongfully remains after termination without asserting superior title. It is not created by a new alienation but by the holdover itself.
An oral agreement of rescission discharges unperformed duties under an enforceable contract despite the statute of frauds. The statute may still apply if the rescission itself constitutes a contract to rescind a transfer of property.
Withdrawal from former attachment or estrangement. The term describes conduct by a third party that intentionally causes one spouse to lose affection for the other, giving rise to a tort claim for alienation of affections.
A third party who purposefully turns one spouse's affections away from the other may be liable. Intentional acts that cause loss of companionship, consortium, or emotional support give rise to the claim.
…be delivered at Greenwich on the following day. On the following day the shaft was taken by the defendants, before noon, for conveyance to Greenwich and the sum of £2 4s. was paid for its carriage for the whole distance. At the same time the defendants' clerk was told that a special entry, if required, should be made to…
…meaning. Indeed, one of the principal uses of the eminent domain power is to assure that the government be able to require conveyance
…open to compromise. . . . [For example,] [a]lthough experience reveals that black males as a class can be biased against young alienated blacks who have not tried to join the middle class, to enunciate this in the concrete expression required of a challenge for cause is societally divisive. Instead we have evolved in the…
…A. S. R. 417, and cases there cited). Partnership Law (Cons. Laws, ch. 39), section 53, subdivision 1, is to the effect that “a conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the…
…state of war, of giving those rights which war confers; but not of operating, by its own force, any of those results, such as a transfer of property, which are usually produced by ulterior measures of government, is fairly deducible from the enumeration of powers which accompanies that of declaring war. "Congress "shall have power" —…
Goods are all things movable when the security interest attaches. The definition includes fixtures, standing timber to be cut, crops, manufactured homes, and embedded computer programs meeting specified conditions.
A trust is created when the settlor transfers property to another person as trustee. The transfer effects an alienation of the assets from the settlor to the trustee for the benefit of the designated beneficiaries.
A restraint on alienation of the landlord's interest without tenant consent is valid. The tenant's consent cannot be withheld unreasonably unless the lease grants an absolute right to withhold consent.