Written by attorneys · grounded in primary & secondary sources — see below
One to whom a property interest or contractual right is conveyed by transfer from another party. The transferee steps into the position of the transferor with respect to the transferred interest or obligation, subject to any conditions or limitations that run with the interest.
Sources & Authorities· 32 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
How it applies
Common Examples
6
Estate at Will Termination
Talia Torres granted an estate at will in a storage shed to Topaz Mining. Topaz Mining later decided to vacate the premises without notice. The arrangement ended immediately because the estate was terminable at the will of either the transferor or the transferee.
Lease Covenant Enforcement
Terra Financial transferred its leasehold interest in a warehouse to Torchlight Media. The original lease contained an express promise to maintain the loading dock. Torchlight Media became obligated to perform the promise because the burden touched and concerned the transferred interest and the transfer created privity of estate with the landlord.
Privilege to Retrieve Equipment
Tanya Tang held a license to place relay boxes on a rooftop. After the building owner transferred title to Talon Security, Tanya Tang entered the roof two weeks later to remove the boxes during a holiday closure. The entry remained privileged against the new owner because it occurred with reasonable promptness and in a reasonable manner.
Choice of Law in Transferred Action
Tessa Takahashi filed suit in federal district court in State A. The case was transferred under section 1404(a) to the district court in State B at her request. The transferee court applied State A choice-of-law rules to determine which state's substantive law governed the claims.
Criminal Case Transfer for Plea
Tori Taylor was indicted in the district where the offense occurred. She filed a written statement in the transferee district consenting to disposition there and waiving trial in the original district. The transferee court accepted the plea after the required approvals were obtained.
Charging Order Against Interest
A judgment creditor obtained a charging order against Tamara Tan's transferable interest in a partnership. The order constituted a lien on the interest and required the partnership to pay any distributions otherwise due to Tamara Tan directly to the creditor until the judgment was satisfied.
Common questions
Frequently Asked
5
Does a transferee of leased property become liable for breaches that occurred before the transfer?+
No. The transferee is not liable for any breach of a lease promise that occurred before the transfer to the transferee.
Supporting sources
When does a transferee of a leasehold interest become obligated to perform an express lease promise?+
A transferee becomes obligated when the promise creates a burden that touches and concerns the transferred interest, the parties intended the burden to run with the interest, the transferee is not relieved of the obligation, and the transfer creates privity of estate with the person entitled to enforce the promise.
Is a transferee in a transferred federal civil action required to apply different choice-of-law rules than the transferor court would have applied?+
No. The transferee court must apply the same state law, including the same choice-of-law rules, that the transferor court would have applied.
Supporting sources
Can a judgment creditor obtain a charging order against a transferee's transferable interest in a partnership?+
Yes. On application by a judgment creditor of a partner or transferee, a court may enter a charging order against the transferable interest of the judgment debtor.
Supporting sources
Does a transferee of shares subject to a transfer restriction take the shares free of the restriction if the restriction was not noted on the certificate?+
Yes. A restriction on the transfer of shares is not enforceable against a person without knowledge of the restriction unless the restriction is noted conspicuously on the certificate or contained in the required information statement.
Supporting sources
institution’s 2-year residency requirement. As a consequence, respondent’s nursing education took five years rather than four. She also underwent surgery for her obesity. In 1987,…
Real PropertyOwnership of real property · Present estates and future interestsUBEIntermediate