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Restraint on Alienation
Practical Law Glossary Item 0-549-3558 (Approx. 3 pages)
Glossary
Restraint on Alienation
In a real property context, a prohibition or limitation of a conveyance of an interest in real property. Courts generally void restraints on alienation as a violation of public policy. Courts typically consider the following conditions when deciding whether or not to grant a restraint on alienation:
- The restraint is reasonable.
- The parties have equal bargaining power.
- There is a time limit on the restraint.
- The restraint makes the property interest more valuable.
- The restraint is limited to a small number of persons.
- The restraint has a legitimate purpose.