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
2
Q
Three types of restraints on alienation
A
1) disabling restraints
2) forfeiture restraints
3) promissory restraints
3
Q
Disabling restraint
A
Attempted transfers are ineffective
4
Q
forfeiture restraints
A
An attempted transfer forfeits the interest
5
Q
Promissory restraints
A
an attempted transfer breaches a covenant
6
Q
Discriminatory restraints
A
Impermissible.
basis of race, religiion, ethnicity.