Also known as: sets over · setting over · setover · assign · transfer
Written by attorneys · grounded in primary & secondary sources — see below
A conveyance or assignment of property or an interest therein from one party to another. The transfer may occur by deed, contract, or operation of law and carries with it the rights and obligations attached to the interest conveyed.
Sasha Stone contracted to buy a warehouse from Sterling Manufacturing and required the seller to repair the roof before closing. At closing Sterling delivered a deed that omitted the repair promise. Sasha accepted the deed and later discovered the roof still leaked. Because the contract merged into the deed, Sasha cannot enforce the omitted repair obligation against Sterling.
Sylvia Santos drove to a warehouse intending to steal electronics but stopped two blocks away, returned home, and called the police to report her own plan. Because her abandonment was complete and voluntary, she has an affirmative defense to the charge of attempted burglary.
Select any source to read its text and confirm it supports the definition.
Serena Soto orally agreed to buy a vacant lot from Spencer Silver for $80,000. Before any writing was signed, Silver refused to proceed. Because a promise to buy an interest in land must satisfy the statute of frauds, Soto cannot enforce the oral agreement.
Sydney Santos leased a storefront and promised the landlord to keep the sidewalk clear of ice. Santos later assigned the lease to Synergy Systems. Because the promise touches and concerns the leased property and rests on privity of contract, Santos remains liable to the landlord for any breach after the assignment.
Sarah Sullivan transferred her vacation cabin to a bank as trustee for the benefit of her niece. The transfer during Sullivan's lifetime satisfied the requirements for creating an inter vivos trust.
Sterling Manufacturing sold its warehouse to Skyline Construction and moved out the next day. The sale terminated Sterling's possessory interest in the land, ending any duty it owed as a possessor to warn entrants of latent dangers.
Yes. Under the merger doctrine, the contract merges into the deed upon acceptance, discharging unembodied promises unless fraud, mutual mistake, or a collateral agreement is shown.
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Renunciation is voluntary only if it is not motivated by increased risk of detection or difficulty. A decision to postpone or switch targets does not qualify as complete and voluntary.
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Yes. The statute applies to any promise to buy an interest in land regardless of the identity of the ultimate transferee.
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The transferor remains liable if the covenant rests on privity of contract and the obligee has not released the transferor, or if the covenant rests on privity of estate and the transfer does not end that privity.
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A trust is created when the settlor transfers property to another person as trustee, provided the transfer meets the statutory requirements for trust formation.
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…instructions, negotiations with public ministers, memorials and other matters respecting foreign affairs as the President should assign. Respecting the powers given and duties imposed by this act, no mandamus will lie because the Secretary is responsible only to the President. The second act at the same session, 15…