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Most property is alienable but some may be subject to restraints on alienation. So in the real estate world alienation is the voluntary and purposeful act of transferring an asset to a different party making it no longer a belonging to that person or place.

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The real estate license exam will ask you about these types of situations generally known as involuntary alienation.

Alienation in real estate. A restraint on alienation in the law of real property is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. The transmission of a good can be given of different forms since. In property law alienation is the voluntary act of an owner of some property disposing of the property while alienability or being alienable is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.

Once an alienation is done the titles of possession are transferred from one person to another. The end of creative financing way back when creative financing was extremely popular during the late 1970s and early 1980s in the united states especially in california real estate agents often spoke of the 1974 court case tucker v. The definition of voluntary alienation in real estate is the transfer of the residency rights or deed of a property between two parties without the use of extraneous legal measures.

Under the common law such restraints are void as against the public policy of allowing landowners. Questions on involuntary alienation will most likely be definitional so remember the chief characteristics of each of the forms. Sometimes your property can be taken against your wishes or for some other reason it can be lost.

While it might not be stated verbatim the alienation clause prohibits the transfer of real property without paying off the existing mortgage. The alienation of real estate is the right to action to transfer heritage real estate from one estate to another and may be due to a fact or legal act. When a person alienates a real estate and obtains a mandatory payment as in any another commercial act.