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restraint on alienation

   Also found in: Legal, Wikipedia 0.01 sec.
restraint on alienation

A restriction on the ability to transfer real property, such as a gift of land to a church or university with the requirement that it not be sold for 99 years.Restraints on alienation are generally disfavored by the law and will only be enforced if they are reasonable in scope and duration.
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48) An absolute restraint on alienation is inconsistent with the right of ownership and is, therefore, invalid, whereas postponement of the right to partition for a limited duration when necessary to accomplish a plan is permissible.
Partitioning real property in dissolution of marriage actions and ... by Hipler, Harry M. / Florida Bar Journal
For example, agreements by co-owners not to partition are generally enforceable so long as they do not amount to a restraint on alienation and remain in force only for a reasonable time (which can turn out to be quite a long period, indeed).
The liberal commons by Dagan, Hanoch; Heller, Michael A. / Yale Law Journal
23) The apparent conflict over the import of section 270 of the Restatement (Second) of Conflict of Laws, as set forth in Portnoy and Brooks and the foregoing authorities is a result of the fact that section 270 is specific to the validity of a trust rather than the efficacy of a purported restraint on alienation of beneficial trust interests.
Self-settled spendthrift trusts: should a few bad apples spoil the ... by Rothschild, Gideon; Rubin, Daniel S.; Blattmachr, Jonathan G. / Vanderbilt Journal of Transnational Law
 
 
 
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