an attempt in a deed or will to prevent the sale or other transfer of real property
either forever or for an extremely long period of time. Such a restraint on the
freedom to transfer property is generally unlawful and therefore void or voidable
(can be made void if an owner objects), since a present owner should not be able
to tie the hands of future generations to deal with their property. This ban on
a restraint on alienation (transfer) is called "the rule against perpetuities. "
Examples Oliver Oldtimer sells his ranch to his son with the condition that title
may never be transferred to anyone outside of the family. Martha Oldtimer in her
will gives her home to her daughter Jacqueline on condition that "Jacqueline's descendants
must never sell the place. " However, one is generally allowed to limit transfer
to a maximum period calculated by "lives in being, plus 21 years. " Restraints on
alienation (so-called restrictive covenants) based on race ("only Caucasians may
hold title") were declared unconstitutional in 1949.
See also convey deed restrictive covenant rule against perpetuities use
law dictionary, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
