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Real Property • Restraints on Alienation
PROP#040
Legal Definition
Under a disabling restraint, attempted transfers are ineffective and always void.
Plain English Explanation
"Disabling restraints" are an attempt to prevent the recipient of a conveyance from ever being able to transfer their interest to someone else. In other words, a disabling restraint says, "I'm giving this to you, but you can never give it to anyone else."
This is a restraint on alienation and is void.
This is a restraint on alienation and is void.
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
How are restraints on alienation generally dealt with by courts?
What are the most common, valid restraints on alienation?
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?
