Simple English definitions for legal terms
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Alienable: When something is alienable, it means that it can be given or sold to someone else. This usually applies to things like property or land. However, there are some things that cannot be transferred, like human organs. In the past, there were more restrictions on what could be transferred, but now most things are considered alienable unless there is a specific law that says otherwise.
Definition: Alienability means that something can be transferred from one person to another. When something is alienable, it can be sold, given away, or otherwise conveyed to someone else. In terms of property, if something is alienable, it means that the owner can sell or transfer their interest in that property to someone else.
For example, if you own a house, and you can sell that house to someone else, then your interest in that property is alienable. However, if there is a legal restriction on your ability to sell that house, such as a fee tail, then your interest in that property is not alienable.
Another example of a restriction on alienability is with appurtenant easements. Appurtenant easements can only be transferred if they’re transferred in combination with an underlying area of land. This means that if you own an easement that allows you to use a neighbor's driveway, you can only transfer that easement if you also transfer the land that the driveway is on.
A more familiar example of a restriction on alienability is with human organs. The National Organ Transplant Act of 1984 outlawed the sale and transfer of organs in any scenario other than organ donation. This means that you cannot sell your organs to someone else, even if you wanted to.
These examples illustrate the definition of alienability because they show how certain things can or cannot be transferred from one person to another. When something is alienable, it means that the owner has the ability to sell or transfer their interest in that thing to someone else. However, when there are legal restrictions on alienability, it means that the owner cannot sell or transfer their interest in that thing to someone else.