restraint on alienation

restraint on alienation.

1. A restriction, usu. in a deed of conveyance, on a grantee’s ability to sell or transfer real property; a provision that conveys an interest and that, even after the interest has become vested, prevents or discourages the owner from disposing of it at all or from disposing of it in particular ways or to particular persons. • Restraints on alienation are generally unenforceable as against public policy favoring the free alienability of land. — Also termed unreasonable restraint on alienation.

2. A trust provision that prohibits or penalizes alienation of the trust corpus. [Cases: Perpetuities

6. C.J.S. Perpetuities § 65.]


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