restraint on alienation
- A clause in a deed or will that attempts to restrict or limit the ability of property to be sold or transferred, often over a lengthy or indefinite period. Such provisions are generally unenforceable due to the belief that current owners should not restrict future generations. Notably, such restrictions based on race were declared unconstitutional in 1949
- He tried to ensure his family home never left the family by including a restraint on alienation in his will.
- The deed to the property contained a restraint on alienation, which had potential buyers worried.
- She challenged the restraint on alienation in court as she believed it restricted her rights as the property owner.