De non alienando is a legal term in Scots law that limits the transfer of property, requiring permission or specific conditions for the property to be sold or given away. It translates to “for not alienating.”
De non alienando, a Latin term used in Scots law, means “for not alienating” and is employed to limit the transfer of property. For instance, an individual wishing to keep a piece of land within their family may include a de non alienando clause in their will to prevent future owners from selling or transferring the land to anyone outside the family. Similarly, a trust agreement may contain a de non alienando clause to restrict the trustee from selling or transferring assets to anyone other than the named beneficiaries. This demonstrates how de non alienando is utilised to restrict property transfer and can be used to ensure property remains within a specific group or family, or to safeguard assets held in a trust. Including a de non alienando clause allows the owner or trustee to prevent the sale or transfer of property or assets to anyone outside the designated group or beneficiaries.
“De Non Alienando” is a Latin term that translates to “not to alienate.” It refers to a legal provision or restriction that prohibits the transfer or sale of a particular property or asset.
A “De Non Alienando” restriction may be imposed on a property to ensure its preservation, protect its historical or cultural significance, or maintain its specific use or purpose.
In some cases, it may be possible to remove or modify a “De Non Alienando” restriction. However, this usually requires obtaining consent from the party that imposed the restriction or seeking a court order.
If a property with a “De Non Alienando” restriction is sold or transferred without proper authorization, the transaction may be deemed invalid, and the restriction may still apply to the property.
To determine if a property has a “De Non Alienando” restriction, you can review the property’s title deed, consult with a real estate attorney, or conduct a search at the relevant land registry office.
In certain circumstances, it may be possible to challenge or contest a “De Non Alienando” restriction. This typically requires demonstrating a valid legal basis, such as a breach of contract or a change in circumstances that justifies the removal or modification of the restriction.
Exceptions to a “De Non Alienando” restriction may exist, depending on the specific terms and conditions outlined in the restriction itself. It is essential to carefully review the restriction to determine if any exceptions apply.
Yes, a “De Non Alienando” restriction can be imposed on various types of properties, including real estate, personal property, or even intellectual property, depending on the specific circumstances and legal requirements.
The duration of a “De Non Alienando” restriction can vary depending on the terms specified in the restriction itself. It may be temporary, lasting for a specific period, or permanent, remaining in effect indefinitely.
Violating a “De Non Alienando” restriction can have legal consequences, such as facing legal action, being required to reverse the transaction, or being held liable for damages resulting from the violation. It is crucial to comply with the restriction to avoid potential legal complications.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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