Some properties may be subject to a restriction on sale, which may prohibit the owner from transferring or selling the property to another party. In real estate law. The transfer of ownership and possession of land, dwelling houses or other things from one person to another. Terines de la Ley. It applies in particular to absolute transfers of immovable property. Conover v Mutual Ins. Co., 1 N. Y. 290, 294. The act by which the ownership of immovable property is voluntarily transferred from one person to another and accepted by him in the forms prescribed by law. The voluntary and complete transfer from one person to another, which implies the complete and absolute exclusion of any interest or particle of interest remaining in the thing transferred from the person selling; the complete transfer of ownership and possession of land, dwelling houses or other things to a third party. Orrell v.
Bay Mfg. Co. S3 Miss. 800. 30 South. 501, 70 L. It. A. 881; Burl v. Insurance Co., 24 X. II.
558. 57 Am. December 300: United States v. Schurz. 102 U. pp. 378, 20 L. Ed.
107; Yining v. Willis, 40 Kan. 009, 20 Pac. 232. In medical jurisprudence. Generic term that refers to the different types or forms of mental aberration or disturbance. Alienation — n Mental disorder or disturbance: insanity . Alienation in the Medical Dictionary – A condition characterized by a lack of meaningful relationships with others, which sometimes leads to depersonalization and alienation from others. [L. alieno, pp.
atus, make strange] * * * alien·ation .ā lē ə nā shən, .āl yə n 1) a retreat… Medical Dictionary ALIENATION, med. Jur. The term alienation or insanity is an umbrella term to express the different types of aberrations in human understanding. Dict. de Science Med. h.t.; 1 Beck`s Med. Jur. 535.
Insanity—A term sometimes used to describe insanity (see below). Black`s Law Dictionary n. An attempt in a deed or will to prevent the sale or other transfer of real estate, either forever or for an extremely long period of time. Such a restriction on the freedom to transfer ownership is generally illegal and therefore void or voidable (can be overturned if an owner objects), as a current owner should not be able to tie the hands of future generations to manage his property. This prohibition against limiting alienation (transmission) is called the “rule against eternity.” Examples: Oliver Oldtimer sold his ranch to his son on the condition that title could never be transferred to anyone outside the family. In her will, Martha Oldtimer gave her house to her daughter Jacqueline on condition that “Jacqueline`s descendants would never be allowed to sell the place”. In general, however, it is permissible to limit the transfer to a maximum period of time, calculated from “life in being, plus 21 years.” Restrictions on alienation (so-called restrictive alliances) based on race (“only Caucasians can bear titles”) were declared unconstitutional in 1949. Disposal generally refers to transfers made when the owner is still alive, but can also include transfers made when the owner dies. The property can be sold by sale, mortgage, rental or deposit.
The sale becomes effective upon transfer of ownership. Disposals may be made by notarial deed; according to records; and by currency. Assignments by deed may be effected by original or primary transfers, i.e. transfers by which the benefit or succession arises or arises first; by derivative or secondary transfers that enlarge, restrict, transfer or extinguish the profit or succession initially created. These are common law transfers. In addition, some transfers derive their power and effect from the statutes of practice. It is a generic term applicable to the various methods of transferring property from one person to another. Lord Coke, says that alien comes from the verb alien, that is, alienum facere vel ex nostro dominio in alienum trawferre sive rem aliquam in dominium alterius transferre. These methods vary depending on the type of property to be transferred and the particular objects that the transfer is intended to reach. It has been decided that a prohibition on sale refers to emphyteutic leases.
ALLIANCE, Successions. Alienation is an act by which one man transfers ownership and possession of land, tenements or other things to another. It is usually applied to land or dwelling houses, such as foreign land (i.e. to be transferred) in royalty, mortgage.