restraint on alienation

A fetter or restriction upon the transfer of property sought to be imposed by a grantor or testator who seeks to convey or dispose of property and at the same time exercise control over its alienation. 41 Am J1st Perp § 66. See partial restraint on alienation; rule against suspension of power of alienation.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • restraint on alienation — restraint on alienation: something that serves to prevent a party from alienating property; specif: a provision in an instrument (as a deed or will) that purports to prohibit or penalize the use of the power of alienation ◇ Though not necessarily …   Law dictionary

  • Restraint on alienation — A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law such… …   Wikipedia

  • restraint of alienation — See restraint on alienation …   Ballentine's law dictionary

  • partial restraint on alienation — A restraint on alienation other than an unqualified restraint, such as a restriction upon alienation to a particular person or persons or within a certain period of time. 41 Am J1st Perp § 75 …   Ballentine's law dictionary

  • rule against restraint on alienation — The principle that since one of the incidents of property is the right to convey it, the law does not permit a grantor or testator to fetter the ownership of grantee or devisee by imposing a restraint on alienation by him, thereby seeking to… …   Ballentine's law dictionary

  • Restraint — may refer to:* Physical restraint, the practice of rendering people helpless or keeping them in captivity by means such as handcuffs, ropes, straps, etc. ** Medical restraint, a subset of general physical restraint used for medical purposes *… …   Wikipedia

  • restraint — re·straint /ri strānt/ n 1 a: an act or fact of restraining see also prior restraint b: the state of being restrained 2 a: a means of restraining b: a device that restricts movement (as of pri …   Law dictionary

  • restraint — Confinement, abridgment, or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. Obstruction, hindrance or destruction of trade or commerce. See restraint of trade stop. @… …   Black's law dictionary

  • alienation — /eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and… …   Black's law dictionary

  • alienation — An estrangement, as in alienation of affections; also a mental derangement. A transfer of property in such manner as to transfer title. Butler v Fitzgerald, 43 Neb 192. Within the meaning of a statute requiring the concurrence of both spouses to… …   Ballentine's law dictionary

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