Alienation (property law)

In property law, alienation is the voluntary act of an owner of some property disposing of the property, while alienable is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.[1][2][3][4] Most property is alienable, but some may be subject to restraints on alienation. In England under the feudal system, land was generally transferred by subinfeudation and alienation required licence from the overlord. Some objects are incapable of being regarded as property and are inalienable, such as people and body parts. Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions. A similar concept is non-transferability, such as tickets. Rights commonly described as a licence or permit are generally only personal and are not assignable. However, they are alienable in the sense that they can generally be surrendered.

English common law traditionally protected freehold landowners from unsecured creditors. In 1732, the Parliament of Great Britain passed legislation entitled “The Act for the More Easy Recovery of Debts in His Majesty’s Plantations and Colonies in America”, which required all real property in British America to be treated as chattel for debt collection purposes. The legislation was reenacted by many statehouses after the American Revolution, leading to the more commodified and transferable development of American property law.[5]

See also

References

  1. ^ Busby, John C (23 September 2009). "Alienable". LII / Legal Information Institute.
  2. ^ "alienable - Definition of alienable in English by Oxford Dictionaries". Oxford Dictionaries - English.
  3. ^ "What is ALIENABLE? definition of ALIENABLE (Black's Law Dictionary)". 4 November 2011.
  4. ^ "What is ALIENATION? definition of ALIENATION (Black's Law Dictionary)". 4 November 2011.
  5. ^ Priest, Claire (2006). "Creating an American Property Law: Alienability and Its Limits in American History" (PDF). Harvard Law Review. 120: 385. Retrieved 31 October 2017.
Alienated land

Alienated land is that which has been acquired from customary landowners by Government, either for its own use or private development requiring a mortgage or other forms of guarantees. The term refers historically to the appropriation of customary land by European colonial powers. Land was alienated in all colonies.

Alienation

Alienation may refer to:

Alienation (property law), the legal transfer of title of ownership to another party

Alienation (video game), a 2016 PlayStation 4 video game

Alienation effect, an audience's inability to identify with a character in a performance, as an intended consequence of the actor's interpretation of the script

Alienation of affection(s), a legal term whereby a third-party is blamed for the breakdown of a personal relationship

Marx's theory of alienation, the separation of things that naturally belong together, or antagonism between those who are properly in harmony

Parental alienation, psychological alienation of a child from a parent, especially after divorce, such that the child acts with unwarranted hostility toward the parent

Parental alienation syndrome, a term sometimes used to describe behaviors shown by children who have allegedly been psychologically manipulated into rejecting a parent

Social alienation, an individual's estrangement from society

Fine on alienation

A fine on alienation (see Alienation (property law)), in feudal law, was a sum of money paid to the lord by a tenant when he had occasion to make over his land to another. It is similar in nature to a relief, a payment made by an heir to the lord to receive his inheritance.

Fringe dwellers

Fringe Dwellers are groups of Aboriginal Australians who camp on the outskirts of Australian towns and cities, from which they have become excluded, generally through law or land alienation. Fringe Dwellers are also referred to as "Long Grassers" in contemporary times, especially in Northern Australia where year-long warm weather conditions allow itinerant Aborigines to live indefinitely on the outskirts of towns without official places of residence.

Property rights (economics)

Property rights are theoretical socially-enforced constructs in economics for determining how a resource or economic good is used and owned. Resources can be owned by (and hence be the property of) individuals, associations or governments. Property rights can be viewed as an attribute of an economic good. This attribute has four broad components and is often referred to as a bundle of rights:

the right to use the good

the right to earn income from the good

the right to transfer the good to others

the right to enforce property rightsIn economics, property is usually considered to be ownership (rights to the proceeds generated by the property) and control over a resource or good. Many economists effectively argue that property rights need to be fixed and need to portray the relationships among other parties in order to be more effective.

Sainte Marie among the Iroquois

Sainte Marie among the Iroquois (originally known as Sainte Marie de Gannentaha or St. Mary's of Ganantaa) was a 17th-century French Jesuit mission located in the middle of the Onondaga nation of the Haudenosaunee/Iroquois. It was located on Onondaga Lake near modern-day Syracuse, New York. The original mission was in use only from 1656 to 1658.

A modern replica is in operation as a museum and interpretive center. It is open between May and October as a "living history" project, with costumed interpreters on weekends during the Summer.

Sainte Marie among the Iroquois is a living history museum and part of the Onondaga County parks system, and is therefore designated as a municipal park itself. The site, while county-owned, is operated by volunteers who provide all of the programming and maintain the displays. The site is currently being renovated and the interior of the fort is closed.

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