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Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. [1] Alienability is the quality of being alienable , i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
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An Anti-alienation clause is a provision in the governing document for an arrangement such as a trust that specifies that the beneficial or equitable owner of the property held in that arrangement cannot transfer the interest to a third party. This rule is an exception to the general rule in property law that favors free alienability.
Restraint on alienation; ... a quitclaim is a formal renunciation of a legal claim against some ... Specific situations where a precise definition of the grantor's ...
But North Carolina, along with five other states nationwide, still has laws on the books allowing a jilted partner to sue. The allegation of “alienation of affection” now faces NC House ...
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien .
In common law a lien also remains on the property, and it is not extinguished by alienation of the property; liens may be real or equitable. Many jurisdictions levy a personal property tax , an annual tax on the privilege of owning or possessing personal property within the boundaries of the jurisdiction.