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Albert Marmero
Albert Marmero,
Category: Real Estate Law
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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When the owner of a piece of property leases it out time

Customer Question

When the owner of a piece of property leases it out for a time certain, does that qualify as an alienation of the property during the lease term or otherwise?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Albert Marmero replied 1 year ago.

The general legal definition of alienation of property is "To voluntarily convey or transfer title to real property by gift, disposition by will or the laws of Descent and Distribution, or by sale." So in general, a lease is not considered an alienation of property. However, case law has shown that a long-term lease will be viewed by courts as an alienation. But this would have to be a very long lease where you are effectively no longer in possession of the property.

I hope this is helpful. If so, please provide a rating so I receive credit for responding to you. Also, feel free to ask follow up questions. Thanks!

Expert:  Albert Marmero replied 1 year ago.

I've never heard back from you on this matter and I notice you have not provided a rating. Is there something further you require? Please provide a rating so I receive credit for responding to you. Thanks!

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