Rule Against Restraints on Alienation Flashcards

1
Q

Rule

A

any restriction on the transferability of a legal (as opposed to equitable) interest is void

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2
Q

Three types of restraints on alienation

A

1) disabling restraints
2) forfeiture restraints
3) promissory restraints

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3
Q

Disabling restraint

A

Attempted transfers are ineffective

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4
Q

forfeiture restraints

A

An attempted transfer forfeits the interest

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5
Q

Promissory restraints

A

an attempted transfer breaches a covenant

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6
Q

Discriminatory restraints

A

Impermissible.

basis of race, religiion, ethnicity.

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