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Simple English definitions for legal terms

Restraint on alienation

Read a random definition: Soil Conservation Service

A quick definition of Restraint on alienation:

Restraint on alienation is a rule that says when someone owns a piece of land, they can't stop other people from owning it in the future. This means that if someone sells their land, they can't say that the new owner can never sell it again. This rule is important because it allows land to be bought and sold freely, which helps people use land in the best way possible. However, there are some cases where people try to put unreasonable restrictions on land, like saying that only certain types of people can own it. In those cases, the rule against restraint on alienation can be used to stop those restrictions from being enforced.

A more thorough explanation:

Definition: Restraint on alienation is a legal restriction that prevents the transfer of ownership of a property. This restriction can be indefinite or for a fixed period of time and is usually found in a deed or will.

However, courts generally do not like restraints on alienation because they limit the ability of future generations to own and use the property. Therefore, restraints on alienation are only upheld if they are not unreasonable.

For example, in the case of Shelby v. Kramer, the U.S. Supreme Court struck down a provision in a conveyance that stated "only Caucasians may hold title" because it violated the Equal Protection Clause. This is an example of an unreasonable restraint on alienation.

Another example is the common law rule against perpetuities, which limits the time period for restricting the transfer of property title to lives in being, plus 21 years. This means that a property owner cannot restrict the transfer of ownership for an indefinite period of time.

In Gangemi v. Zoning Board of Appeals, the Supreme Court of Connecticut found that a condition of zoning variance that prohibited rental of homeowners' property in their beach district was an unreasonable restraint on alienation of homeowners' real property and invalidated it. This is another example of an unreasonable restraint on alienation.

Restraint of trade | Restriction

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sold ty i was thinking of reading more fantasy today while driving to work
i, shamelessly, was a very big fan of pretty much everything Sarah J. Maas for years and years, but that was so polluted by booktok that it makes me cringe. very fun read for young me tho
Mostlylegal
15:45
notre dame straightup a figment of my imagination
me w luc
eggan
15:47
i waited berk for 5 months and then WL :(
eggan
15:47
im stil salty
Mostlylegal
15:48
ugh
Mostlylegal
15:48
im on three months rn
im on four
Mostlylegal
15:49
i think i will never hear back from vandy atp
and i have a seat deposit due on the 7th
Mostlylegal
15:49
that or a WL augst 28th
hobbies: gossiping w my gbf, coffee, & being a brat lol
Mostlylegal
15:50
drinking coffee is a hobby?
you could totally spin coffee drinking into a hobby. i know there are straightup barista competitions
globalcitizen
15:52
libtards should relax about the teslas, its a pretty good car if you live in the city
globalcitizen
15:53
the cybertruck looks kinda cool
apropos of nothing
almost fo pm
15:57
hi froggy whats it like being a scientist
shitty. that's why i applied to law school lol
15:57
hell yea lol
neuroscience phd is lit tho
seriously though, real bad time to be a scientist in america. or someone who wants to be one
at least the phd was "free" if you count getting paid $35k/year + free tuition to work 60–80h a wk
Wtf is happening
Where is gulc WL
@FroggyBrightToucan: how long did ur phd take
covid shut down our lab for a year so 7 years
science is a cult. but law might be too...not sure what I might be getting myself into but my cousin (lawyer in Miami) says I "will never think the same way again" and I think that's a good thing
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