Involuntary Alienation Definition:
Involuntary alienation is defined as the loss of property for not paying the debts due on a person. The debts may include sales for tax, foreclosures, or execution on the judgment. Involuntary alienation is the transfer of property by law and without the permission of the property holder.
Ways of involuntary Alienation
Involuntary alienation is carried out in many different ways. These ways are discussed below:
- Foreclosure
- Eminent Domain
- Adverse Possession
- Escheat
- Partitioning
- Forfeiture
- natural processes
- Transfer by descent
Let’s discuss the ways of involuntary alienation in detail:
Foreclosure:
It is the legal way in which the debts are collected by selling the property of the person who got failed to clear the debts. The property is normally sold at that price at which it would be purchased. The person himself sold the property to pay the debts.
Eminent Domain:
It is the power of government or its agencies, or a public-serving agency to acquire the property of a person. It is a legal right, through a process of condemnation. The land or property would be used for the public welfare purposes such as building schools, roads, or hospitals, etc. The property owner gets a reasonable price on market value for the property.
Adverse Possession:
The claim of a person on a certain property who has occupied that property for many years. It comes under the definition of adverse possession. According to state law, the possessor must have to occupy the property for a few years.
Escheat:
When the owner of a property dies without any will and any written or official thing. Then the property will have come under the state’s property. But if the landowner has relatives, then the property would be divided among them. The wife would get the great part out of that property. Whereas the other property would be divided among the children of the landowner.
Partitioning:
It is defined as the division of the property owned by two or more people.
Forfeiture:
It is when the new owner of the property disobeys the will based on which he took possession of that property. The deed should have followed. When the deed is not fulfilled or something happened outside the line of a deed, then this occurs.
Natural Process:
Because of natural disasters like earthquakes, tsunami, storms, and land sliding, avulsion and erosion occur. The land goes to waste just because of natural disasters.
Transfer by Descent:
Transfer by descent is the easiest way for involuntary alienation. This case occurs when the owner of the property dies without doing any will regarding the real estate. So, the state will be able to divide it among the deserving persons and pass the title onto those persons.
Involuntary Alienation in Real Estate:
The real estate here indicates both the ownership of the property and evidence that shows the ownership of the property. It is an official document that shows your ownership of the property. This document is recorded in the court of that part of the state.
Involuntary alienation in real estate means the real estate title is transferred to someone else. Or another party according to state law without the permission of the property owner. It’s the best way to fulfill the debts because sometimes the owners forgot their duties. And they are not able to pay off for what they opt for their ease. That’s how they realize that if they want some benefits then must have fulfilled them.
Voluntary Alienation vs. Involuntary Alienation:
Voluntary alienation means that the landowner transfers the title of real estate by his own decision. He has the legal right to sell his property to another person without any interruption from outer bodies. Whereas, in involuntary alienation, the property of the owner is legally sold or captured.
Involuntary alienation the owner has the right to sell his property while in involuntary alienation permission of the landowner is not needed.
As shown above, voluntary alienation is far better than involuntary alienation. As a matter of respect, there is planning when a person transfers his title to someone else. But a thing that must be taken forcibly or without permission is a shocking matter. That is what lies in the definition of involuntary alienation.