alienability


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al·ien·a·ble

 (ăl′yə-nə-bəl, ā′lē-ə-)
adj.
Transferrable to the ownership of another.

al′ien·a·bil′i·ty n.
References in periodicals archive ?
Yet, attempts to provide legal recognition of children's property rights under statute law proved to be unworkable as they undermined the alienability of the land and therefore its use as collateral for loans, which was one of the goals of the Land Act.
Addressing Third Party Control and Alienability Conclusion
section] 1606(h)(3) (discussing what occurs when a corporation lifts alienability restrictions); Section 1629(c) (containing the procedure for lifting restrictions).
6) The primary reasoning underlying the rule against perpetuities was public policy favoring the free alienability of property for the living and diminished control from the grave.
Perhaps the most persuasive argument for property rights in spectrum licenses is that broadcasters now possess an increased ability to transfer their interests in their own licenses, thus allowing for greater alienability, much like the alienability of real property itself.
Such a transformation of social relations goes hand in hand with changes in the law, which gives rise to contractual relations and particularly alienability of property.
The abolition of the fee tail and the replacement of dower and curtesy by the spousal elective forced share are prominent examples,52 and future interests have acquired a greater degree of alienability.
Rights-forfeiture is consistent with the alienability of rights.
173) The differences between assignment and subrogation, while rarely important in practice, reveal some interesting fault lines in the common law's view of the alienability of control.
Inheritance law instruments, such as an entail or perpetual trust, permanently suspend the alienability of individual property; more generally, any restrictions on the inheritance and division of an estate take the asset off the market because it is allocated according to legal rule rather than market forces.
The "recognition through inclusion" model has four main characteristics: (1) surrender or extinguishment of Aboriginal property interests, (2) a description of the ownership interest of the indigenous party to the agreement using the property categories of the settler state, (3) surveys of lands, title to which is held by the indigenous party to the agreement, and registration of those surveyed lands within land titles office established by laws of general application, and (4) provisions that address the alienability of the indigenous title lands.
However, as borrowers are sure to argue, this extension of Singleton may ignore the purpose of the statute of limitations, which includes encouraging the alienability of real property, protecting the unexpected enforcement of stale claims brought by plaintiffs who have slept on their rights, and ensuring fairness by not allowing enforcement of unfresh claims against parties who are left to shield themselves from liability "with nothing more than tattered or faded memories, misplaced or discarded records, and missing or deceased witnesses.