rule against restraint on alienation

rule against restraint on alienation
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. . 1998.

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