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LSDefine

Simple English definitions for legal terms

Restraint on alienation

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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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concorde
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pwned
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Might have to send in addendums for that
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babycat
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Dkk
14:38
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suck what? (:
Dkk
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suck at predicting
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boooooo
1a2b3c4d26z
14:45
hi guys
1a2b3c4d26z
14:45
how is everyone doing this fine friday
1a2b3c4d26z
14:46
Tonight im going to go for a run and lift some weights and then eat some dinner (probably a burrito) and then I'm going to watch a scary movie with my girlfriend (probably Longlegs). I'm so excited :)
1a2b3c4d26z
14:46
What is everyone else doing tonight
1a2b3c4d26z
14:47
Besides YM of course
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Yoooo I’m a lifter too
14:47
I'm all good, I'm tipsy in Zanzibar finishing an app and laughing my ass off to this:
babycat
14:48
renard what are you drinking?
BulbasaurNoLikeCardio
14:50
Feeling like sad drinking tonight, wife accidentally tossed out my truck keys and those are expensive as fuck to replace. The crappiest part is that the key chain had the "remove before flight" tab from my first aircraft's rocket pods overseas from 6 years ago. Then find out people fucked around and back dated reports at work making me look like a shit bag so I am working later tonight and missing range time which is my weekly relax/me time. Add in my sleep meds stopped working, so I am thinking vodka (so I stay skinny and hot) and pizza by the fireplace kind of friday.
1a2b3c4d26z
14:51
Renard if you're not drinking margs Im gonna throw hands
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Was at a restaurant and they decided to have me try something called "Double Kick" free of charge, it's like a sugar cane liquor with pineapple flavor
1a2b3c4d26z
14:51
missing range time :(
1a2b3c4d26z
14:52
That sounds good renard but unfortunately I'll still have to throw hands
Tonight I’m Having a date with this guy who asked me out couple times
BulbasaurNoLikeCardio
14:54
What made you give in and go out after he asked a couple times?
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