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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
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.
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.
NC’s ‘alienation of affection’ law is rare, but here are 7 previous cases in the state. ... winning what was then a record judgment of $1.4 million in an alienation of affection lawsuit. In ...
Property law; Part of the common law series: Types; Personal property; Community property; ... Restraint on alienation; Rule against perpetuities; Rule in Shelley's Case;
Blake Lively has allegedly requested for Justin Baldoni's lead attorney, Bryan Freedman, not to take her deposition in court. In a letter to Judge Lewis J. Liman filed Thursday, Jan. 30, in the U ...
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