Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Restraint on alienation

Read a random definition: McNaghten Rule

A quick definition of Restraint on alienation:

Restraint on alienation is a rule that says when someone owns a piece of land, they can't stop other people from owning it in the future. This means that if someone sells their land, they can't say that the new owner can never sell it again. This rule is important because it allows land to be bought and sold freely, which helps people use land in the best way possible. However, there are some cases where people try to put unreasonable restrictions on land, like saying that only certain types of people can own it. In those cases, the rule against restraint on alienation can be used to stop those restrictions from being enforced.

A more thorough explanation:

Definition: Restraint on alienation is a legal restriction that prevents the transfer of ownership of a property. This restriction can be indefinite or for a fixed period of time and is usually found in a deed or will.

However, courts generally do not like restraints on alienation because they limit the ability of future generations to own and use the property. Therefore, restraints on alienation are only upheld if they are not unreasonable.

For example, in the case of Shelby v. Kramer, the U.S. Supreme Court struck down a provision in a conveyance that stated "only Caucasians may hold title" because it violated the Equal Protection Clause. This is an example of an unreasonable restraint on alienation.

Another example is the common law rule against perpetuities, which limits the time period for restricting the transfer of property title to lives in being, plus 21 years. This means that a property owner cannot restrict the transfer of ownership for an indefinite period of time.

In Gangemi v. Zoning Board of Appeals, the Supreme Court of Connecticut found that a condition of zoning variance that prohibited rental of homeowners' property in their beach district was an unreasonable restraint on alienation of homeowners' real property and invalidated it. This is another example of an unreasonable restraint on alienation.

Restraint of trade | Restriction

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
LSD+ is ad-free, with DMs, discounts, case briefs & more.