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Some specific restraints on alienation in the United States include: Disabling restraints To be effective the grantor must sue the grantee for enforcement. The effectiveness of the lawsuit could prevent the transfer from being made. In addition, if the disabling restraint is found to be unconstitutional the restraint will not be effective.
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. [5] As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting ...
[2] [3] [4] Most property is alienable, but some may be subject to restraints on alienation. Some objects are now regarded as ineligible for becoming property and thus termed inalienable, such as people and body parts. [citation needed] Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions.
Here are several examples from recent years: ... Tyson’s ex-husband Tom Oddo sued Tyson in 2000, winning what was then a record judgment of $1.4 million in an alienation of affection lawsuit. In ...
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. L. Rev. 17 (1979). Daniel M. Crane, Congressional Intent or Good Intentions: The Inference of Private Rights of Action Under the Indian Trade and Intercourse Act, 63 B.U. L. Rev ...
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. Other typical grounds for complaint include: adverse possession where the new possessor sues to obtain title in his or her own name;
Example: "O grants Blackacre to A for life, then to B". Analysis (A): A has a life estate. Analysis (B): B has a vested remainder, because Blackacre will vest in B after A dies, with no further conditions. Alienation: B may divest his (absolutely) vested remainder, which is not subject to the rule against perpetuities.
A spendthrift trust is an example of an arrangement containing an anti-alienation provision. The governing document of such a trust provides that the trust corpus may not be reached by creditors while the property is held in the trust. [1] Creditors aware of this legal restriction on alienation may choose not to lend to the spendthrift.