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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]
[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.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
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 ...
A post-sale restraint, also termed a post-sale restriction, as those terms are used in United States patent law and antitrust law, is a limitation that operates after a sale of goods to a purchaser has occurred and purports to restrain, restrict, or limit the scope of the buyer's freedom to utilize, resell, or otherwise dispose of or take action regarding the sold goods. [1]
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