Explore the legal terms and concepts related to Restraints on Alienation. Click on any term below to learn more about its definition and applications.
How are restraints on alienation generally dealt with by courts?
Courts will generally void any restriction on the transferability of a legal interest in property.
What are the most common, valid restraints on alienation?
The most common, valid restraints on alienation are: (1) reasonable restrictions in commercial trans...
What is the result of restraints on alienation on Life Estates and Future Interests?
Forfeiture and promissory restraints on life estates and vested future interests are valid, but disa...
What is the result of a discriminatory restraint?
Courts will not enforce restraints on certain races, religions, or ethnicities because it constitute...
What is the result of an absolute restraint on a fee simple estate?
All absolute restraints on fee simple estates are void, but restraints for a limited time and reason...
What is the result of a forfeiture restraint?
Under a forfeiture restraint, attempted transfers forfeit the interest.
What is the result of a disabling restraint?
Under a disabling restraint, attempted transfers are ineffective and always void.
What is the result of a promissory restraint?
Under a promissory restraint, attempted transfers breach the covenant.
