restraint on alienation

There are six factors to determine if a restraint on alienation is reasonable:

Some specific restraints on alienation in the United States include:

A restraint on alienation occurs, he said, when a property owner tries to limit the ownership rights of subsequent owners.

Although property is generally deemed to be alienable, it may be subject to restraints on alienation.

He does speak at length of the rights of expectant heirs, and this should cause some restraints on alienation.

The rule against perpetuities is closely related to another doctrine in the common law of property, the rule against unreasonable restraints on alienation.

The Nonintercourse Act did not pre-empt the states from legislating additional restraints on alienation of Native American lands.

The answer, said Richard Siegler, a Manhattan co-op and condominium lawyer, can be found in a common-law rule that prohibits "unreasonable restraints on alienation."

Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable.

Such an action may also be brought to dispel a restraint on alienation or another party's claim of a nonpossessory interest in land, such as an easement by prescription.

However, while a violation of the rule against perpetuities is also a violation of the rule against unreasonable restraints on alienation, the reciprocal is not true.

And under a legal doctrine that has roots in centuries-old English common law, it is not permissible to impose an "absolute restraint on alienation" when transferring ownership of real estate to someone else.

That is because there has been some debate over whether such a fee constitutes an "unreasonable restraint on alienation," a common-law doctrine that prohibits unreasonable restrictions on the sale of real estate.

Moreover, the dissent argued that the termination statute undid only the statutory restraint on alienation (the Nonintercourse Act), not the common law restraint on alienation:

Perhaps the ultimate restraint on alienation was the fee tail, a form of ownership which required that property be passed down in the same family from generation to generation, which has also been widely abolished.

Mr. Hall said that any deed provision forbidding the razing of an existing structure or forbidding major renovations by its new owner would in all likelihood be unenforceable as an "unreasonable restraint on alienation."

But in a case decided last year, an appellate court ruled that a bylaw provision restricting the sale of certain units in a building only to existing owners did not constitute an unreasonable restraint on alienation.

In other words, he said, if the governing documents that create a condo let the condo board prohibit a unit-owner from selling his or her apartment, that prohibition would very likely be considered a impermissible restraint on alienation.

A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property.

Arthur I. Weinstein, a Manhattan lawyer who is vice president of the Council of New York Cooperative and Condominiums, said that the case involves a centuries-old legal principle that prohibits "unreasonable restraints on alienation."

Robert N. Clinton & Margaret Tobey Hotopp, Judicial Enforcement of the Federal Restraints on Alienation of Indian Land: The Origins of the Eastern Land Claims, 31 Me.