Restraint On Alienation Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Restraint On Alienation, written in plain English, along with examples of how it is used.
What is Restraint On Alienation?
(n) Restraint Of Alienation is the conditions contained in a deed, will or agreement of transferring the rights in a property, which prohibits the sale or otherwise transfer of such property for ever or for an un unrealistically long period.
History and Meaning of Restraint On Alienation
Restraint on Alienation refers to a legal term that describes the restriction, in a legal instrument such as a will or a deed, imposed by the grantor on the sale or transfer of his interest in the property or asset. This legal device was used in common law jurisdictions to prevent the sale or transfer of property that may be important to the grantor's family or community. It was believed that by preventing the transfer of such property or asset, the interests of the community or the family could be better secured in the long run.
Examples of Restraint On Alienation
A man transfers real estate to his son and includes a provision in the deed that requires the son to keep the property in the family and not sell it outside of the family line. If the son is not willing or unable to keep the property in the family, the property would revert back to the original owner.
A testator includes a provision in his will that prohibits the sale of his property, which is situated in a remote rural area, for a period of 99 years.
Legal Terms Similar to Restraint On Alienation
- Fee Simple Absolute
- Covenant of Seisin
- Equitable servitude
- Life Estate