restraint on alienation

restraint on alienation
restraint on alienation: something that serves to prevent a party from alienating property; specif: a provision in an instrument (as a deed or will) that purports to prohibit or penalize the use of the power of alienation
◇ Though not necessarily unlawful, restraints on alienation are disfavored in the law.

Merriam-Webster’s Dictionary of Law. . 1996.

restraint on alienation
n.
A restriction on an owner’s freedom to sell or give away a piece of property, usually unenforceable.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


restraint on alienation
A provision in a deed or will that attempts to restrict the sale or transfer of the property forever or for an extremely long period of time — for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are usually unenforceable on the grounds that a present owner should not be allowed to tie the hands of future generations. The maximum period of time for limiting transfer is generally "lives in being, plus 21 years." (This is known as the rule against perpetuities.) Restraints on alienation (restrictive covenants) based on race ("only Caucasians may hold title") were declared unconstitutional in 1949.
Category: Real Estate & Rental Property

Nolo’s Plain-English Law Dictionary. . 2009.


restraint on alienation
n. A restriction on a person's right to transfer or to sell real property, usually contained in a deed, and stating that should the grantee attempt to violate the condition, the land would pass back to the estate of the grantor or to some other party. It may restrict how the person may dispose of the land, prohibiting its being sold to a particular person or group, or of its being sold in a certain way, such as at auction; a trust provision that does the preceding.

Webster's New World Law Dictionary. . 2000.

restraint on alienation
n.
   an attempt in a deed or will to prevent the sale or other transfer of real property either forever or for an extremely long period of time. Such a restraint on the freedom to transfer property is generally unlawful and therefore void or voidable (can be made void if an owner objects), since a present owner should not be able to tie the hands of future generations to deal with their property. This ban on a restraint on alienation (transfer) is called "the rule against perpetuities." Examples: Oliver Oldtimer sells his ranch to his son with the condition that title may never be transferred to anyone outside of the family. Martha Oldtimer in her will gives her home to her daughter Jacqueline on condition that "Jacqueline's descendants must never sell the place." However, one is generally allowed to limit transfer to a maximum period calculated by "lives in being, plus 21 years." Restraints on alienation (so-called restrictive covenants) based on race ("only Caucasians may hold title") were declared unconstitutional in 1949.

Law dictionary. . 2013.

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Look at other dictionaries:

  • Restraint on alienation — A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law such… …   Wikipedia

  • restraint on alienation — A fetter or restriction upon the transfer of property sought to be imposed by a grantor or testator who seeks to convey or dispose of property and at the same time exercise control over its alienation. 41 Am J1st Perp § 66. See partial restraint… …   Ballentine's law dictionary

  • restraint of alienation — See restraint on alienation …   Ballentine's law dictionary

  • partial restraint on alienation — A restraint on alienation other than an unqualified restraint, such as a restriction upon alienation to a particular person or persons or within a certain period of time. 41 Am J1st Perp § 75 …   Ballentine's law dictionary

  • rule against restraint on alienation — The principle that since one of the incidents of property is the right to convey it, the law does not permit a grantor or testator to fetter the ownership of grantee or devisee by imposing a restraint on alienation by him, thereby seeking to… …   Ballentine's law dictionary

  • Restraint — may refer to:* Physical restraint, the practice of rendering people helpless or keeping them in captivity by means such as handcuffs, ropes, straps, etc. ** Medical restraint, a subset of general physical restraint used for medical purposes *… …   Wikipedia

  • restraint — re·straint /ri strānt/ n 1 a: an act or fact of restraining see also prior restraint b: the state of being restrained 2 a: a means of restraining b: a device that restricts movement (as of pri …   Law dictionary

  • restraint — Confinement, abridgment, or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. Obstruction, hindrance or destruction of trade or commerce. See restraint of trade stop. @… …   Black's law dictionary

  • alienation — /eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and… …   Black's law dictionary

  • alienation — /eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and… …   Black's law dictionary

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