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Alienable
(redirected from alienability)

   Also found in: Dictionary/thesaurus, Encyclopedia, Wikipedia 0.02 sec.

The character of property that makes it capable of sale or transfer.

Absent a restriction in the owner's right, interests in real property and tangible Personal Property are generally freely and fully alienable by their nature. Likewise, many types of intangible personal property, such as a patent or trade mark, are alienable forms of property. By comparison, constitutional rights of life, liberty, and property are not transferable and, thus, are termed inalienable. Similarly, certain forms of property, such as employee security benefits, are typically not subject to transfer on the part of the owner and are inalienable forms of property.



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Our common-law system favors the free alienability of property; an individual without creditor concerns is free to dispose of his property as he sees fit, whether in the form of charitable gifts or gifts to children, to a spouse or in trust.
 
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