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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.
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]
Gray wrote two books on future interests, Restraints on the Alienation of Property (1883), and The Rule against Perpetuities (1886). His best known work is his survey of the common law, The Nature and Sources of the Law (1909). Gray's writings were so influential that they are still used in American law schools and cited in law journals to this ...
[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 ...
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 ...
To name alienation is to echo Marx. This is not to say that Marx was right about everything or that a communist revolution is needed, but alienation remains a significant social problem. Too many ...
For the first time in American history, racial distinctions were omitted from the U.S. Code. The 1952 Act established a simple 4-class preference system within quotas, reserving first preference for immigrants of special skills or abilities needed in the U.S. workforce, and allotting the second, third, and fourth preferences to relatives of U.S ...