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Simple English definitions for legal terms

alienation

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A quick definition of alienation:

Alienation is when someone who owns a property decides to give or sell it to someone else. If a property can be alienated, that means it can be sold or transferred without any problems. However, some properties may have rules that stop the owner from selling or transferring it. Alienation can happen when the owner is alive or after they have died. It can be done through a sale, mortgage, lease, or bail. Once the property is transferred, the alienation is complete.

A more thorough explanation:

Alienation is when a property owner decides to give or sell their property to someone else. If a property is "alienable," that means it can be sold or transferred without any restrictions. However, some properties may have restrictions that prevent the owner from selling or transferring it to someone else. This is called a "restraint on alienation."

Alienation can happen while the property owner is still alive, or it can happen after they have passed away. There are different ways to alienate property, such as selling it, mortgaging it, leasing it, or bailing it.

Once the property is transferred to someone else, the alienation becomes effective. This means that the new owner now has the legal right to use and control the property.

  • John decides to sell his house to Mary. This is an example of alienation because John is voluntarily giving the title of his property to Mary.
  • Some properties may have a clause in the deed that prevents the owner from selling or transferring it to someone else. This is an example of a restraint on alienation.
  • When a person dies, their property may be transferred to their heirs through a process called probate. This is another example of alienation.

These examples illustrate how alienation works in different situations. In the first example, John is able to sell his house to Mary because there are no restrictions on the property. In the second example, the property owner is not able to sell or transfer the property because of a clause in the deed. In the third example, the property is transferred after the owner has passed away.

alienable | alienation of affections

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