Define: Restraint On Alienation

Restraint On Alienation
Restraint On Alienation
Quick Summary of Restraint On Alienation

A provision in a deed or will that attempts to restrict ownership of the property — for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

What is the dictionary definition of Restraint On Alienation?
Dictionary Definition of Restraint On Alienation
n. an attempt in a deed or will to prevent the sale or other transfer of real property either forever or for an extremely long period of time. Such a restraint on the freedom to transfer property is generally unlawful and therefore void or voidable (can be made void if an owner objects), since a present owner should not be able to tie the hands of future generations to deal with their property. This ban on a restraint on alienation (transfer) is called "the rule against perpetuities." Examples: Oliver Oldtimer sells his ranch to his son with the condition that title may never be transferred to anyone outside of the family. Martha Oldtimer in her will gives her home to her daughter Jacqueline on condition that "Jacqueline's descendants must never sell the place." However, one is generally allowed to limit transfer to a maximum period calculated by "lives in being, plus 21 years." Restraints on alienation (so-called restrictive covenants) based on race ("only Caucasians may hold title") were declared unconstitutional in 1949.
Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/restraint-on-alienation/
  • Modern Language Association (MLA):Restraint On Alienation. dlssolicitors.com. DLS Solicitors. March 28, 2024 https://dlssolicitors.com/define/restraint-on-alienation/.
  • Chicago Manual of Style (CMS):Restraint On Alienation. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/restraint-on-alienation/ (accessed: March 28, 2024).
  • American Psychological Association (APA):Restraint On Alienation. dlssolicitors.com. Retrieved March 28, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/restraint-on-alienation/