Dictionary of Law
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restraint on alienation :: legal definition


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.

See also: convey deed restrictive covenant rule against perpetuities use and Related Law Terms ↓


Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - R

race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence