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Real Property β’ Restraints on Alienation
PROP#045
Legal Definition
Forfeiture and promissory restraints on life estates and vested future interests are valid, but disabling restraints are void.
Plain English Explanation
When assessing attempts to restrict the ability to transfer an interest in property, the law is generally okay with restrictions on life estates because they are inherently not that valuable (few folks want to buy an interest in land that dies with the person to whom it was conveyed). Similarly, reasonable partial or promissory restraints on fee simples are okay.
But don't you dare try to enact a disabling restraint.
But don't you dare try to enact a disabling restraint.
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 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?