Also known as: rights to alienate · right of alienation · rights of alienation · alienability · power to alienate
Written by attorneys · grounded in primary & secondary sources — see below
A fundamental incident of property ownership consisting of the power to transfer interests in land or other assets to another party. This power attaches to present estates such as fee simple and to certain future interests and servitudes unless limited by the terms of creation or applicable law.
Roland Rhodes holds a commercial easement in gross across Riley Rivera's parcel that permits pipeline maintenance. Rhodes conveys the easement to Rising Sun Electronics for continued commercial use. The transferee may exercise the easement under the same restrictions that would apply to a fee estate of comparable duration.
Radiance Media owns land in State B but negotiated its purchase in State A under a contract selecting State A law. When a dispute arises over whether a restraint on alienation applies, the court weighs each state's contacts and the purpose of its property rules to identify the state of most significant relationship.
Select any source to read its text and confirm it supports the definition.
Robert Rivera receives a noncommercial easement in gross from Ruby Rivera allowing personal access across a family parcel. The creating instrument contains no language addressing transfer. Alienability of the easement is therefore governed solely by the manner and express terms of its creation.
Rina Rahman holds a noncommercial easement in gross over Rachel Ramirez's land. Transfer of the easement would substantially increase physical use and reduce the servient parcel's value. That probable increase in burden is a key factor in determining whether the easement is alienable.
A landowner subject to coastal building restrictions retains the ability to sell the parcel to neighbors who value proximity to the ocean. The retained right to alienate demonstrates that the land still possesses economic value despite the regulatory limits on development.
A commercial lessee seeks to assign its lease to a financially stronger buyer willing to assume all lease terms. The lessor refuses consent and demands higher rent. The lessee's right to alienate its interest turns on whether the lease permits arbitrary withholding of consent.
Commercial easements in gross are treated as alienable property interests. They may be subjected to the same restrictions on alienability that apply to estates in land of like duration.
Alienability of a noncommercial easement in gross is determined by the manner or the terms of its creation. Factors such as the personal relations between the parties and the probable increase in burden on the servient tenement are considered.
A reversion is a vested future interest that the holder may convey inter vivos by deed. The life tenant's consent is not required for the transfer to be effective.
A servitude that imposes a direct restraint on alienation is invalid if the restraint is unreasonable. Reasonableness is determined by weighing the utility of the restraint against its injurious consequences to transferability.
…409 U. S. 1108 (1973); Hall v. Board of Environmental Protection , 528 A. 2d 453 (Me. 1987). Petitioner also retains the right to alienate the land, which would have value for neighbors and for those prepared to enjoy proximity to the ocean without a house. Yet the trial court, apparently believing that "less value" and…