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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.
[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 ...
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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.
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 ...
The Nonintercourse Act did not pre-empt the states from legislating additional restraints on alienation of Native American lands. [50] Many states, including nearly all of the original Thirteen, enacted similar statutes for at least some lands during at least some time periods. [51]
In 2014, for example, the Obama administration prevailed on Israel to de-escalate a conflict over rocket attacks coming from Gaza. Biden may need to have a similar conversation with Netanyahu as ...