alienable

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Alienable

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.

alienable

in the law of property, transferable to another owner.
References in periodicals archive ?
To that point, there is an equally compelling reason as to why the law should allow for freer alienability when it comes to securitization and using virtual property as a source of secured credit.
The homeowner has functionally secured a rent-free dwelling, but it is with uncertain tenure and little alienability, as the house is still encumbered.
Consider the three principle rights within the bundle: use, exclusivity and alienability.
99) To be sure, states can expressly curtail the resources and uses protected by the public trust doctrine, (100) supplant the doctrine with comprehensive environmental regulatory schemes, (101) expand public access rights, (102) or restrict the alienability of trust resources more narrowly than is proscribed by the bedrock common law principles.
Taking away this first right of alienability as not essential to property, the last right is where Harris and others focus: the right to exclude.
In general, de-contextualizing a right is a predicate for its alienability.
Anti-dead-hand rules can be set aside as having little, if anything, to do with arbitration, since they typically focus on (1) issues relating to future interests, as reflected in the Rule Against Perpetuities and similar provisions that give effect to the desire to promote the alienability of land, and (2) the principle that the trust must benefit the beneficiaries.
They have been concerned with embryo commodification and alienability in biotechnological practices and with the ascent of property rights and property discourse in general with respect to human tissue.
This restriction on possessors in IPCs apparently reflects the alienability of the expressed relationship which entails--though to varying degrees--control on behalf of the possessor, hence in turn entailing its animacy.
A counterparty who accepts this understanding as the price of doing business (or perhaps in exchange for a more favorable price) is collaborating in this alienability.
See Claire Priest, Creating an American Property Law: Alienability and Its Limits in American History, 120 HARV.
therein, restrictions on alienability do not apply to testamentary