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Simple English definitions for legal terms

Restraint on alienation

Read a random definition: spes successionis in obligatione

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

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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