Search results
Results from the WOW.Com Content Network
In property law, alienation is the voluntary act of an owner of some property to dispose of the property, while alienability, or being alienable, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring their interest in the property. Under the common law such restraints are void as against the public policy of
It’s the reason your mortgage lender gets paid back first from your home sale’s proceeds.
Restraint on alienation; Rule against perpetuities; ... Perhaps one of the most popular is the natural rights definition of property rights as advanced by John Locke ...
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land.In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property.
However, if TIC property is sold or subdivided, in some States, Provinces, etc., a credit can be automatically made for unequal contributions to the purchase price (unlike a partition of a JTWROS deed). Real property may be owned jointly with several tenants, through devices such as the condominium, housing cooperative, and building cooperative.
An Anti-alienation clause is a provision in the governing document for an arrangement such as a trust that specifies that the beneficial or equitable owner of the property held in that arrangement cannot transfer the interest to a third party. This rule is an exception to the general rule in property law that favors free alienability.
Property owned under allodial title is referred to as allodial land, allodium, or an allod. In the Domesday Book of 1086 it is called alod. [ 1 ] Historically, allodial title was sometimes used to distinguish ownership of land without feudal duties from ownership by feudal tenure which restricted alienation and burdened land with the tenurial ...