rule against restraint on alienation
- rule against restraint on alienation
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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 maintain control over alienation or use of the property. 41 Am J1st Perp § 66. A rule giving force to the principle that the conveyance of a title in fee simple carries with it as a necessary incident the right of free and unlimited alienation. 41 Am J1st Perp § 79.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
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 … Law dictionary
rule against perpetuities — often cap R&P: a common law rule stating that in order for a future interest to be good it must vest after its creation (as at the death of a testator) within a life in being or lives in being plus 21 years plus the period of gestation of any… … Law dictionary
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
Illustrations of the rule against perpetuities — Property law Part of … Wikipedia
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
Rule in Dumpor's Case — Property law Part of t … Wikipedia
alienation — An estrangement, as in alienation of affections; also a mental derangement. A transfer of property in such manner as to transfer title. Butler v Fitzgerald, 43 Neb 192. Within the meaning of a statute requiring the concurrence of both spouses to… … Ballentine's law dictionary
Future interest — This article is about the legal concept of future interests in property. For the actuarial valuation of future streams of income, see Future interests (actuarial science) … Wikipedia
English literature — Introduction the body of written works produced in the English language by inhabitants of the British Isles (including Ireland) from the 7th century to the present day. The major literatures written in English outside the British Isles are… … Universalium
Lien — For other uses, see Lien (disambiguation). Property law … Wikipedia
