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Some specific restraints on alienation in the United States include: Disabling restraints To be effective the grantor must sue the grantee for enforcement. The effectiveness of the lawsuit could prevent the transfer from being made. In addition, if the disabling restraint is found to be unconstitutional the restraint will not be effective.
However, while a violation of the rule against perpetuities is also a violation of the rule against unreasonable restraints on alienation, the reciprocal is not true. [3] As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting ...
However, while a violation of the rule against perpetuities is also a violation of the rule against unreasonable restraints on alienation, the reciprocal is not true. [5] As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting ...
[E]ven if I agreed with the majority that the removal of restraints on alienation should trigger the application of state limitations periods, the 1959 Act lifted only statutory restrictions on the alienation of Catawba land, and the requirement that the Federal Government approve any transfer of the property at issue in this case did not, and ...
Tyson’s ex-husband Tom Oddo sued Tyson in 2000, winning what was then a record judgment of $1.4 million in an alienation of affection lawsuit. In 2003, an appeals court knocked the decision down ...
An unreasonable restraint on alienation occurs when a clause or provision is recorded against title to real property that purports to prohibit the owner of the property from selling or otherwise transferring his interest in the property in such a way as to significantly reduce the pool of potential buyers, thus impairing the general ...
The ACC punishments are unenforceable under Florida law as unreasonable restraint of trade. The ACC punishments are unenforceable penalties. "The punitive instruments are grossly excessive, overly ...
In light of the kidnapping, the hostage-taking, the rape and dismemberment of children, the burning to death of babies, the beheadings, the theatrical sadism inflicted on women, children, the ...