real estate
Alienation
The act of transferring property from one person to another. Alienation can be voluntarily, as in the case of a sale, or involuntary, as in the case of eminent domain.
In real estate, alienation refers to the right and ability of a property owner to voluntarily transfer their ownership rights to another party. This can be done through selling, gifting, or otherwise conveying the property.
The term "alienation" comes from the concept of making something "alien" or foreign to its original owner by transferring those rights to someone else. It's considered a fundamental right of property ownership, though there can be restrictions on alienation in certain cases.
Restrictions on alienation can appear in deeds, contracts, or other legal documents. Common examples include:
- Due-on-sale clauses in mortgages
- Requirements in HOA agreements
- Deed restrictions that limit to whom the property can be sold
- Right of first refusal clauses
Courts generally disfavor absolute restrictions on alienation because they can interfere with property rights and market efficiency, though reasonable restrictions are usually upheld.