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Real Property • Restraints on Alienation
PROP#039
Legal Definition
Courts will generally void any restriction on the transferability of a legal interest in property.
Plain English Explanation
Generally, if someone attempts to restrict the freedom of a property owner to transfer their ownership to whoever they wish, that restriction will be void and ignored.
Hypothetical
Hypo 1: Oz conveyed Blackacre "to Amy in fee simple." Oz added a restriction that "Neither Amy or Amy's heirs shall have the right to transfer the land or any interest therein." Result: Oz is attempting to deny Amy and Amy's children/heirs from having the right to transfer their interest in Blackacre. Unfortunately for Oz, the law doesn't like such restraints on alienation. Thus, even though it is what Oz wanted, the law will ignore it. Amy thus receives Blackacre in fee simple with no restrictions.
Related Concepts
What are the most common, valid restraints on alienation?
What is the result of a disabling restraint?
What is the result of a discriminatory restraint?
What is the result of a forfeiture restraint?
What is the result of an absolute restraint on a fee simple estate?
What is the result of a promissory restraint?
What is the result of restraints on alienation on Life Estates and Future Interests?
