...of the cases which have considered this issue have started their analysis by concluding without much discussion that the "due on sale" clause is a restraint on alienation. They have then either...sale" clause is an unreasonable restraint on alienation, absent the mortgagee pleading and proving that the security is impaired; while the appellees urge us to find that the clause is a reasonable...restraint on alienation. We believe that the error committed by most jurisdictions in deciding this matter is their willingness to assume that a "due on sale" clause is a restraint on alienation and that...

..., contained in a deed of trust securing real property, upon an outright sale of that property, constitutes an unreasonable restraint on alienation in...defendant's security had been impaired as a result of the sale of the property to plaintiff, constituted an unreasonable restraint on alienation in violation of California law. After the...outright sale does not constitute an unreasonable restraint on alienation. We do not agree. (3a) We begin our discussion with a summary of the California law on restraints on...

...restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land...unreasonable restraint on alienation under Civil Code section 711, as a result of which plaintiffs were damaged as claimed. Judgment was entered in favor of plaintiffs and against defendants in the sum of...principles to be applied: "In those few instances previously discussed, in which the enforcement of that provision is reasonably necessary to avert danger to the lender's security, the restraint on alienation remains...

...restraint on alienation is a provision in a deed, will, contract, or other instrument which, by its express terms, or by implication of fact, purports to prohibit or penalize the exercise of the...power of alienation. 11. Restrictive Covenants. An indirect restraint on alienation arises when an attempt is made to accomplish some purpose other than the restraint of...-Vee's duty to develop the property for the mutual benefit of both the landlord and tenant, and it is a restraint on alienation and violates public policy. Spanish Oaks also alleged that the ground lease...

...restraint on alienation and to prevent a forfeiture of the Lease." That court then ruled Marathon's exercise of its termination and recapture rights under the lease for the purpose of realizing the...profit, Marathon's purpose was per se unreasonable, and that the clause was therefore void as an invalid restraint on alienation. The Court of Appeal also held there was "substantial evidence...restraint on alienation. We shall further conclude recent legislation resolving the rights of contracting parties to restrict alienation of commercial leases (Civ. Code, § 1995.010 et seq.) is...

.... 1. Mortgages and Deeds of Trust 15, 19 — "due-on-sale" clause — use to require increased interest — no unlawful restraint on alienation A "due-on-sale...restraint on alienation when the clause is used for the sole purpose of requiring the transferee to pay an increased rate of interest on a loan for which there is no prepayment penalty, notwithstanding the...entire debt due and payable when the owner of the property (mortgagor) sells it without the consent of the beneficiary in the deed of trust, it is a restraint on alienation and contrary to public...

...the "due on sale" clause in the deed of trust an unlawful restraint on alienation? 4. Did appellee First Federal convert the funds in Mrs. Patton's $2,000 savings.... 3. IS THE "DUE ON SALE" CLAUSE AN UNLAWFUL RESTRAINT ON ALIENATION? Appellants urge that the following clause in the Deed of Trust...constitutes an unlawful restraint on alienation: "4. CONSENT TO TRANSFER: In the event that Trustor, or any successor in interest of Trustor, shall sell, convey...

.... McLean Stacy and Robert Weinstein for defendant. Wills E g — An absolute restraint on alienation annexed...devisees the immediate right of alienation, the absolute restraint on alienation being annexed to a fee is void...devise to the children of B. P. Williams is in fee, and it is the holding with us that an absolute restraint on alienation, though for a limited time, annexed to a grant or devise in fee, is void...

...granted summary judgment for all plaintiffs. The trial court found that the "due-on-sale" clause in the mortgage was unenforceable as an unreasonable restraint on alienation, and concluded that defendant...whether the clause in question is a restraint on alienation. It reads: "That the mortgage shall become due and payable forthwith at the option of the mortgagee if there shall be...not fit within the definition of a restraint on alienation found in the Restatement of the Law of Property. Neither...

...— Restraints on Alienation — Construction — Restraints on Alienation Strictly Construed. Restraints on alienation are not favored by the law. Any restriction or prohibition against transfer acts as a restraint on...alienation and should be strictly construed against the party urging the restriction. 5. MORTGAGES — Due-on-sale Clause — Clause Not a Restraint on Alienation. A due-on-sale clause is not a restraint on...the note and mortgage was an unreasonable restraint on alienation. The judge found there had been no specific showing Metropolitan was...

...property, there was no impingement on owner's freedom to convey property, and the clause therefore did not constitute a per se unreasonable restraint on alienation. 2. Mortgages...instrument producing an inequitable result, such a clause is enforceable and does not constitute unreasonable restraint on alienation. 8...case of first impression we are asked to decide whether a due-on-sale clause contained in a mortgage instrument constitutes a per se unreasonable restraint on alienation or whether the manner in which...

.... 3. Restraints on Alienation — Rule Against. The rule against restraints on alienation relates to unreasonable restraints. 4. Invalidity of Restraint — Depends.... 5. Due-On-Sale Clause — Deed of Trust — Reasonable Restraint — Alienation. Due-on-sale clause contained in deed of trust which provides that, after sale by...restraint on alienation of real property. 6. MORTGAGES — Assumption of Loan...

..., Kingsbury, O'Connor, Ludwigson, Thompson Hayes), for respondent. [1] Mortgages — Property — Restraint on Alienation — "Transfer...." A real estate contract of sale is an "inter vivos transfer" for purposes of a restraint on the alienation of mortgaged property. [2] Mortgages — Property...— Restraint on Alienation — Validity — In General. Mortgage provisions restraining a mortgagor's alienation of the property are generally valid if justified by the parties' legitimate interests...

...appellants sought relief upon the following alternative theories: (1) the provision for a prepayment fee upon accelerated payment required because of a transfer constituted an unlawful restraint on alienation; (2...a lender to protect his security interest, is not an invalid restraint on alienation. That is so because the restraint is reasonably designed to protect the creditor's justifiable interest in...restraint on alienation. [2] The right to accelerate bears the same relation to jusfiable interest as did the total restraint on alienation upheld in Minderhout. A...

...mentioned provision is an unreasonable restraint on alienation and therefore invalid and unenforceable. We hold that the particular clause in question is valid and enforceable, and affirm the judgment of...loan. The petitioners contend that the clause in this case constitutes an unreasonable restraint on alienation and therefore it is invalid and unenforceable. They urge us to adopt...S.W.2d 725 (1972). The test set out by the California Supreme Court in Wellenkamp recognized that all restraints on alienation are not per se invalid, and thus included consideration of not only the quantum of restraint imposed...

...judgment in favor of Larry and Vickie Nicholls, LLC (Nicholls). The district court ruled that a lease allowing Lamar to maintain a billboard on Nicholls' property was void as an unreasonable restraint on alienation. We...for the lease. Applying that test to the undisputed facts, we conclude, as a matter of law, the lease did not constitute an improper restraint on alienation. Consequently, we reverse...the test for a direct restraint on alienation to determine whether a lease between these parties is an unreasonable restraint on alienation. Nicholls phrases the...

.... SWEENEY, J. A condition in a deed that constitutes an unreasonable restraint on alienation is...the grantee should encumber the property during the grantor's lifetime is neither a restraint on alienation nor unreasonable when freely bargained for by the parties. This case...trial court dismissed on Banc One's motion for summary judgment, ruling that the reverter clause constituted an unreasonable restraint on alienation and was void. We hold that...

...— Restraint on Alienation — Validity — In General. [3] Property — Security Devices — Real Estate Contract — Similarity. The retention of title by the vendor under a real...estate contract is a security device functionally similar to a real estate mortgage or deed of trust. [4] Vendor and Purchaser — Property — Restraint on Alienation — Validity...— Prohibition of Prepayment. A restraint on the alienation of a vendee's interest under a real estate contract is invalid and unenforceable when coupled with a prohibition against prepayment unless...

...waiver of any restraint on alienation. Supreme Court denied defendants' motion and searched the record. Without notifying the parties, the court reached the merits of plaintiffs' underlying claim, decided...that the qualified-person restriction is an unreasonable restraint on alienation as a matter of law and granted plaintiffs summary judgment striking the restriction from the documents governing...declaring the qualified-person restriction to be an unreasonable restraint on alienation. While a court has the authority to search the record and grant summary judgment to a nonmoving party...