alienation

/eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another.

Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law.

See also restraint on alienation

- alienation clause

- alienation in mortmain

- alienation of affections

- alienation office

@ alienation clause

A provision in a document giving a person the right to transfer or forbidding him from transferring the property which is the subject of the document. Provision in fire insurance policy voiding such policy upon transfer of ownership by insured

@ alienation in mortmain

See amortization

- mortmain

@ alienation of affections

Action of "alienation of affections" is a tort based upon willful and malicious interference with marriage relation by third party, without justification or excuse. Donnell v. Donnell, 220 Tenn. 169, 415 S.W.2d 127, 132.

The elements constituting the cause of action are wrongful conduct of defendant, plaintiffs loss of affection or consortium of spouse and causal connection between such conduct and such loss. Kundert v. Johnson, 268 Wis. 484, 68 N.W.2d 42.

Certain states have abolished the right to bring an alienation of affections action.

See consortium

- heart balm statutes

@ alienation office

In English practice, an office for the recovery of fines levied upon writs of covenant and entries

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