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.
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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.
Bitproperty and commercial 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.
The paper chase: securitization, foreclosure, and the uncertainty of mortgage title
Consider the three principle rights within the bundle: use, exclusivity and alienability.
Private property in post-secular law: an introductory foray
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.
Public wildlife on private land: Unifying the split estate to enhance trust resources
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.
Privilege as property
In general, de-contextualizing a right is a predicate for its alienability.
An economic analysis of civil versus common law property
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.
Arbitration of trust disputes: two bodies of law collide
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.
Legislating respect: a pro-choice feminist analysis of embryo research restrictions in Canada
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.
Referential hierarchies in three-participant constructions in Vera'a
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.
Virtue ethics and efficient breach
See Claire Priest, Creating an American Property Law: Alienability and Its Limits in American History, 120 HARV.
The constitution and economic liberty
therein, restrictions on alienability do not apply to testamentary
Share transfer restrictions in close corporations as mechanisms for intelligible corporate outcomes

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