Alienation (property law)

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In property law, alienation is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.[1][2][3][4] Although property is generally deemed to be alienable, it may be subject to restraints on alienation. In England under the feudal system, land was generally transferred by subinfeudation and alienation required licence from the overlord.

Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions.

English common law traditionally protected freehold landowners from unsecured creditors. In 1732, the Parliament of Great Britain passed legislation entitled “The Act for the More Easy Recovery of Debts in His Majesty’s Plantations and Colonies in America”, which required all real property in British America to be treated as chattel for debt collection purposes. The legislation was reenacted by many statehouses after the American Revolution, leading to the more commodified and transferable development of American property law.[5]

See also

References

  1. ^ Busby, John C (23 September 2009). "Alienable". LII / Legal Information Institute. 
  2. ^ "alienable - Definition of alienable in English by Oxford Dictionaries". Oxford Dictionaries - English. 
  3. ^ "What is ALIENABLE? definition of ALIENABLE (Black's Law Dictionary)". 4 November 2011. 
  4. ^ "What is ALIENATION? definition of ALIENATION (Black's Law Dictionary)". 4 November 2011. 
  5. ^ Priest, Claire (2006). "Creating an American Property Law: Alienability and Its Limits in American History" (PDF). Harvard Law Review. 120: 385. Retrieved 31 October 2017. 


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