n. an attempt by deed or wilfulness to prevent the sale or any other transfer of immovable property forever or for an extremely long period of time. Such a restriction on freedom of ownership is generally illegal and therefore void or voidable (can be declared null and void if an owner objects), since a current owner should not be able to tie the hands of future generations to manage his property. This prohibition on restricting alienation (transfer) is called the “rule against eternity.” Examples: Oliver Oldtimer sells his ranch to his son on the condition that the title will never be transferred to anyone outside the family. In her will, Martha Oldtimer gave a house to her daughter Jacqueline on the condition that “Jacqueline`s descendants must never sell the place.” In general, however, it is permissible to limit transmission to a maximum period calculated by “life being, plus 21 years”. Restrictions on alienation (so-called restrictive alliances) on the basis of race (“only Caucasians can bear titles”) were declared unconstitutional in 1949. In real estate law, sale is the voluntary act of an owner of a property to dispose of the property, while saleability or saleability is the ability to sell or otherwise transfer property or ownership rights from one party to another. [1] [2] [3] [4] Most assets are saleable, but some may be subject to disposal restrictions. In England, under the feudal system, land was usually transferred by subfeutation, and alienation required a license from the overlord. ALIENATION, med. Jur. The term alienation or spiritual alienation is an umbrella term for expressing the different types of aberrations of human understanding. Dict.
la Science Med. h.t.; 1 Beck`s Med. 535. [Last updated June 2021 by the Wex Definitions team] ALIENATION, Estates. Alienation is an act in which one person transfers ownership and possession of land, dwelling houses or other things to another. It is usually applied to land or dwelling houses, as well as to foreign land (i.e. to be transferred) in royalties, mortmain. Alienation by registration characteristics can be, 1. By private acts of the legislator; 2. By concessions, such as patents for immovable property; 3. By means of fines; 4.
By joint recovery. Alienations can also be made by currency. In real estate law. The transfer of ownership and possession of land, dwelling houses or other things from one person to another. Terines de la Ley. It applies in particular to absolute transfers of immovable property. Conover v. Mutual Ins. Co., 1 N.
Y. 290, 294. An act by which ownership of immovable property is voluntarily transferred from one person to another and accepted by him, in the forms prescribed by law. The voluntary and complete transfer from one person to another, which implies the complete and absolute exclusion of the one who alienates himself from any remaining interest or particle of interest in the thing transmitted; the complete transfer of ownership and possession of land, dwelling houses or other things to another. Orrell vs. Bay Mfg. Co. S3 Miss. 800. 30 South. 501, 70 L.
it. A. 881; Burl v. Insurance Co., 24 X. II. 558. 57:300 a.m. December: United States vs Schurz. 102 U. S. 378, 20 L.
ed. 107; Yining vs. Willis, 40 Kan. 009, 20 Pac. 232. In medical jurisprudence. Generic term that refers to the different types or forms of malformation or mental disorder. Alienation refers to the process by which an owner voluntarily gives or sells title to their property to another party. If property is considered alienable, it means that it can be sold or transferred to another party without restriction. Some objects are now considered incapable of becoming goods and are therefore called inalienable, such as people and body parts. [Citation needed] Aboriginal title is an example of inalienability (with the exception of the Crown) in common law jurisdictions. A similar concept is non-portability, like tickets.
Rights commonly referred to as licenses or authorizations are generally only personal and non-transferable. However, they are saleable in the sense that they can usually be transferred. n. the voluntary and complete transfer of ownership of real estate. It does not apply to interest other than property rights, such as mortgages. (See: Alien) Alienations may be made by deed; after registration; and with the device. English customary law traditionally protected landowners from unsecured creditors. In 1732, the Parliament of Great Britain passed an Act entitled “The Act for the More Easy Recovery of Debts in His Majesty`s Plantations and Colonies in America”,” sometimes known as the Debt Recovery Act of 1732, which required that all land and property of slaves in British America be treated as movable property for debt collection purposes. He thus removed the shield of creditors who had protected large tracts of land (and who continued to protect these estates in Britain).
However, the law was amended within a decade to allow colonial lawmakers, especially in the South American colonies, to re-protect properties transferred to the royalty tail or inherited by primogeniture. Thus, colonies based on slave labor passed laws that favored the liquidity of slave property. [8] Although Virginia repealed the laws in support of primogeniture and fee tail in 1776, it refused to renew the Debt Collection Act after the American Revolution and passed other laws protecting creditors` real estate. Other states passed similar laws (some specifically protected creditor property), but the registration systems introduced in the new U.S. states led to a more commercialized and transferable development of U.S. property law. [9] In 1797, Parliament repealed the Other Colonies Slave Debt Collection Act. Nevertheless, until 1806, abolitionist pamphleteers in Britain continued to criticize the punishment of slave auctions by law satisfying the secured and unsecured debts of a slave owner as cruel.
[10] Sale generally refers to transfers made when the owner is alive, but may also include transfers made when the owner is deceased. The property can be sold through a sale, mortgage, lease or deposit. The alienation takes effect as soon as the ownership is transferred. Assignments by deed may be made through original or primary transfers, which are those that first create or derive from the benefit or assets; by derived or secondary transfers that increase, limit, transfer or extinguish the benefit or succession originally created. These are transfers through the common law. To these are added certain means of transport, which derive their power and functioning from the status of use. For example, a seller can sell a property by transferring to a buyer a seller`s property containing a house in exchange for money. The seller would have sold his rights to this package, such as the right to change or even demolish the house on the property, to the buyer.
These rights now belong to the buyer. ALIENATION, land. Alienation is an act in which one person transfers ownership and possession of land, dwelling houses or other things to another. It is usually applied to land or dwelling houses, as well as to foreign land (i.e. to be transferred) in royalties, mortmain. Terms of the ley. See Co. Litt.
118 ter; Dig Cruise. Tit. 32, c. 1, sec. 1-8. (2) Alienations may be made by deed; after registration; and with the device. 3. Assignments by deed may be made through original or primary transfers, which are those which first create or arise the advantage or assets; by derived or secondary transfers that increase, limit, transfer or extinguish the benefit or succession originally created. These are transfers through the common law.
To these are added certain means of transport, which derive their power and functioning from the status of use. The original means of transport are: 1. Feoffment; 2. Donation; 3. Grant; 4. Leasing; 6. Exchange; 6. Partition. The derivation is, 7th version; 8. Confirmation; 9. Discount; 10.
Assignment; 11. Expiration. Those who derive their power from the Status of Use are, 12th Alliances, confiscated for use; 13. Bargains and sales; 14. Rental and release; 15. Documents attributing or declaring the use of other more direct means of transport; 16. Revocation of Uses Documents. 2 Bl. Com. ch.
20. Transport vacuum; Action. Alienation by registration characteristics can be, 1. By private acts of the legislator; 2. By concessions, such as patents for immovable property; 3. By means of fines; 4. By joint recovery. Assignments can also be made by currency (saas) Voluntary transfer or transfer of ownership of real estate by gift, disposition by will or the laws of descent and distribution or by sale. ALIENATED, foreign, foreign. It is an umbrella term applicable to different methods of transferring property from one person to another. Lord Coke, dit, (1 Inst. 118 b,) alien cometh of the verb alienate, i.e.
alienum facere vel ex nostro dominio in alienum trawferre sive rem aliquam in dominium alterius transferre.