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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.
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.
An alienation clause is common in mortgages, giving a mortgage lender the right to request full and immediate loan repayment when the home is sold or transferred.
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 ...
Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest; Restraint of trade, a restriction on a person's freedom to conduct business; Vertical restraints, agreements between firms or individuals at different levels of the production and distribution process
The U.S. Department of Justice sued Oklahoma on Tuesday seeking to block a law that seeks to impose criminal penalties on those living in the state illegally. The lawsuit in federal court in ...
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.