Restraints on Alienation Flashcards
Alienation and Use Restraints: A restriction that A has no power to transfer or create any encumbrance (e.g. mortgage or lien) on the land prior to the grantor’s death
Partial direct disabling restraint on alienation, partial because limited in time; leaves a period of time in which no. VOID ON FEE SIMPLE
Alienation and Use Restraints: A restriction that A cannot transfer the property until A reaches the age
Partial direct disabling restraint on alienation on fee simple; partial because limited in time; leaves a period of time in which NO transfer is possible. VOID ON FEE SIMPLE (unless maybe A is very close to age of majority at time interest is created).
Alienation and Use Restraints: A restriction that a condominium board must approve any sale by A before it is executed.
Limited partial restraint on alienation on a condominium (probably considered a lesser estate for this purpose); important that some form of sale/transfer is valid at every time and condominium boards generally seen as interlocking interests in all condominium properties (and sometimes condos have more flexibility in general because existence of reciprocal restrictions seen as increasing overall value of properties). VALID - though court likely would read in “so long as not unreasonably withheld” to permission requirement.
Alienation and Use Restraints: A restriction that O must approve any sale by A before it may be executed
Limited partial restraint on otherwise traditional fee property. DEPENDS. split of authority. likely if read as a limited prior approval right vested only in O as a specific person, that would remain in effect only as long as O actually alive, and that would be exercised within reason
Alienation and Use Restraints: A requirement that if the A transfers Blackacre to another then A must pay O $10,000
Probably promissory restraint on alienation; has impact of reducing amount realized by A if A sells property. DEPENDS on whether there is a “rational justification” based on circumstances of property (e.g. how much is $10,000 penalty in relation to total property value, etc.).
Alienation and Use Restraints: A restriction that A live on the premises or forfeit the land.
Indirect alienation restraint (actually a use restraint); may have significant impact on alienability, depending on how narrowly the “who” that can use is defined. NEED TO EVALUATE form (Brow) or intent (Falls). Brow if truly sticks to the formal “use is use and therefore permissible” rule; very likely void under Falls if limited just to A as a specific individual because such a significant impact on alienability (in practical effect, all sales prohibited).
Alienation and Use Restraints: A restriction that BA only be used for residential purposes
Indirect alienation restraint (actually use restraint); more moderate impact on alienability. DEPENDS Brow or Falls., more likely VALID if reasonable range of possible buyers for this use (i.e. property actually has value as residential property
Alienation and Use Restraints: A restriction that BA only be sold to members of the Caucasian race
Partial direct disabling restraint on alienation (limited to specific class of potential buyers). VOID, illegal racial discrimination
Alienation and Use Restraints: A restriction barring grantee from marrying a particular person on penalty of forfeiting the land
Personal conduct restriction. Likely VALID because allows marriage to a whole bunch of other people (i.e. doesn’t prohibit marriage altogether) but may be different if facts are unique (e.g. grantee engaged to prohibited person, grantor driven by some unusual animus)
Alienation and Use Restraints: A restriction making the grantee’s divorce from a hated spouse a condition for taking possession of the land
Personal conduct restraint. VOID because spiteful, anti-marriage, and likely to cause family discord
