The Minority Doctrine Concerning Direct Restraints on Alienation

Authors

Herbert A. Bernhard, Member, California BarFollow

Abstract

Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.

Recommended Citation

Herbert A. Bernhard, The Minority Doctrine Concerning Direct Restraints on Alienation, 57 Mich. L. Rev. 1173 (1959).
Available at: https://repository.law.umich.edu/mlr/vol57/iss8/3