Also known as: enajenaciones · alienation · transfer of property
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of property, especially land, by sale, gift, or other conveyance. The term encompasses both voluntary inter vivos transfers and those taking effect at death when the transfer divests the owner of an interest.
Select any source to read its text and confirm it supports the definition.
Ezra Eastman agreed in writing to sell a parcel to Eastern Electric. Before closing, the parties orally agreed to cancel the deal entirely. The oral agreement discharged the unperformed duties even though the original contract concerned land.
Enzo Eastwood transferred title to several rental properties to a trustee during his lifetime. The transfer created a valid trust under the statute because it satisfied the requirement of an inter vivos conveyance to another as trustee.
Edith Eberhardt leased space to Everest Holdings. The lease required Edith's consent before Everest could sell its interest. When Everest found a buyer, Edith withheld consent without a reasonable basis, violating the rule that consent may not be unreasonably withheld.
Ethan Evans conveyed land subject to a servitude that barred any sale to non-family members for fifty years. A court invalidated the servitude because the direct restraint on alienation was unreasonable when weighed against its injurious effect on marketability.
Elise Everly received property by will subject to a clause disabling any sale outside the family. The disabling restraint was upheld only after the court examined its purpose, duration, and the policy favoring free alienation under all circumstances.
Emmett Egan contracted to buy acreage and later signed a written modification changing the price and closing date. Because the modification concerned a transfer of property, the statute of frauds applied independently to the new terms.
An oral rescission discharges unperformed duties under an enforceable contract, but the statute of frauds may still apply when the rescission itself concerns a transfer of property.
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A restraint requiring consent is valid, yet consent may not be withheld unreasonably unless the lease grants an absolute right to withhold it.
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The restraint is invalid if unreasonable. Reasonableness is determined by weighing the utility of the restraint against the injurious consequences of enforcing it.
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…government's pursuit of a public purpose will often benefit individual private parties. For example, in Midkiff , the forced transfer of property conferred a direct and significant benefit on those lessees who were previously unable to purchase their homes. In Monsanto , we recognized that the "most direct beneficiaries" of the…