...forfeiture restraint exists when, by the terms of an instrument of transfer, the estate will be subject to forfeiture on alienation or will be terminated. 4. PROPERTY — RESTRAINTS ON ALIENATION OF LEGAL FEE SIMPLE INTEREST IN LAND VOID. — In general, the courts...adhere to the rule that all forfeiture restraints on the alienation of a legal fee simple interest in land are void; this rule operates to...— RESTRAINTS ON ALIENATION — VALIDITY. — Restraints on alienation may be upheld if they are a reasonable means of accomplishing a legal and useful purpose. 6. PROPERTY — RESTRAINT ON ALIENATION OF LEGAL POSSESSORY ESTATE IN FEE SIMPLE — WHEN VALID. — The restraint...

...against public policy and repugnant to a grant of the fee. In Gray on Perpetuities, sec. 119, it is held that neither common law nor equity allows restraints on the alienation of...subinfeudation and conferred the right of alienation upon all persons except the King's tenants in capite, it has been well settled that restraints upon alienation are invalid...Cases, 1113, it is said that since the statute Quia Emptores the right of alienation has been considered an inseparable incident to an estate in fee, and restraints thereon are void because...

...affirmative defense, which asserts that the restrictive covenants are void because they violate the common-law rule barring unreasonable restraints on the alienation of property. Those restrictive covenants...restrict only the use by the Shumways of their property and impose no restraints on its transfer or alienation ( see, e.g, Wildenstein Co. v. Wallis, 79 N.Y.2d 641, 648; Metropolitan Transp. Auth. v. Bruken Realty Corp., 67 N.Y.2d 156, 161-162). Because the ninth.... Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied...

...; § 1995.010 et seq.) As we shall explain more fully below, this legislation supersedes all prior law regarding restraints on alienation of such interests (Civ. Code, § 1995.210, subd. (a)) and, by its terms, applies to all commercial leases regardless of when executed (Civ. Code, § 1995.030). Nevertheless, because this legislation did not become effective until January 1, 1990, subsequent not only to execution and termination of the subject...restraints on alienation of leasehold interests began with Richard v. Degen Brody, Inc. (1960) 181 Cal.App.2d 289 [ 5 Cal.Rptr. 263]. There, the appellate...upon notice of intent to sublease or assign may inhibit such transfer by the lessee. It therefore poses a restraint on alienation. IV (4) Rigid application of the ancient rule against restraints on...

...patent infringement lawsuit.The exhaustion rule marks the point where patent rights yield to the common law principle against restraints on alienation. The Patent Act promotes innovation by...of the product. Allowing further restrictions would run afoul of the "common law's refusal to permit restraints on the alienation of chattels." Kirtsaeng v. John Wiley & Sons...Patent Act against the backdrop of this hostility toward restraints on alienation, which is reflected in the exhaustion doctrine.This Court accordingly has long held that, even when a patentee...

...that ANCSA transferred reservation lands to private, state-chartered Native corporations, without any restraints on alienation or significant use restrictions, and with the goal of avoiding "any...Native corporations, without any restraints on alienation or significant use restrictions, and with the goal of avoiding "any permanent racially defined institutions, rights...the Indians); see also United States v. Pelican, 232 U.S., at 447 (noting federal restraints on the alienation of the allotments...

.... The dissent asserts that the Federal Circuit's more demanding interpretation of "marketing" is supported by the ancient doctrine disfavoring restraints on alienation of property, see post, at 194-195. The wellspring...for sale, or reproducing it, or importing it, or exporting it," etc. 7 U.S.C. § 2483. Applying the rule disfavoring restraints on alienation to interpretation of the PVPA...with our time-honored practice of viewing restraints on the alienation of property with disfavor. See, e.g., Sexton v. Wheaton, 8 Wheat...

...unreasonable restraints on alienation, and, if so, whether the deed is subject to rescission or cancellation. Phillips v. Iglehart, 558 F.2d 737...against unreasonable restraints on alienation and is therefore unenforceable and that he is therefore entitled to a judgment declaring that he holds title unencumbered by the repurchase option. The...Defendants-Appellants, on the other hand, contend that the repurchase option is not subject to the rule against perpetuities nor the rule against unreasonable restraints on alienation, but if it is, the...

...because of the rule (an assumption which in this case and doubtless in most cases where such language is used is contrary to fact) a fraud would have been perpetrated on the testatrix. If the draftsman was unaware of this technical rule, the effect upon the testatrix is the same. Of necessity, therefore, the rule operates to perpetrate a fraud on the testatrix. John Chipman Gray, the foremost American authority on property law, in his Restraints on the Alienation of...complete lack of validity with his customary incisiveness in his Restraints on the Alienation of Property (2 d Ed. 1895), supra: "What are the reasons given..., e.g., no rule against perpetuities, no restraints on the alienation of property, no right to redeem mortgaged premises, no foreclosure of the equity of redemption, and so on endlessly. Every change...

...economically desirable and is now regarded as an attribute of ownership. (Schnebly, Restraints Upon the Alienation of Legal Interests: I, 44 Yale L.J. 961 (1935).) From this early concept the rule against restraints on alienation..., The Minority Doctrine Concerning Direct Restraints on Alienation, 57 Mich. L. Rev. 1173 (1959); L. Simes and A. Smith, The Law of Future Interests, secs. 1111, 1114, 1131, 1161 (2d ed. 1956...); Browder, Restraints on the Alienation of Condominium Units ( The Right of First Refusal), 1970 U. Ill. L.F. 231. This court in...

...on their right to transfer their memberships violate the rule against restraints on alienation of property and are therefore void. The agreement provides that when a member wishes to withdraw, he...to co-operative housing, it must be determined whether they violate the rule against restraints on alienation. It should be noted at the outset, that the rule has not had a...logical and consistent development. (For an extended treatment of this subject see Gray, Restraints on Alienation of Property, 2d ed., and Schnebly, Restraints Upon the Alienation of Legal Interests, 44...

...statutes enacted in 1869 and 1870 deprived them of their right to hold in perpetuity all of the land currently comprising the Town of Mashpee by removing restraints on alienation and, later, by facilitating the sale...(1st Cir. 1983). Between 1685 and 1834, Plymouth Colony, and later the Commonwealth, continually recognized the restraints on alienation contained in the original deeds as the...subject land evolved from an Indian plantation to the "Mashpee Propriety." In 1834, parts of the subject land became the "District of Mashpee," but the restraints on alienation in the original deeds...

...be sold "out of the name of Courts" was an unlawful and unreasonable restraint on alienation, and therefore ineffective and void. The guardian ad litem of the infant has prosecuted this appeal. The sole question presented is the validity of the limitation on the title that the property may not be sold to any one not bearing the name of Courts. At common law all restraints on...homestead, situated on Main street in Russellville, Ky., with a restraint on the alienation thereof to the effect that the homestead was not to be...the alienation of land held in fee were void, but the rule prevailing in this jurisdiction is that a restraint for a reasonable period may be imposed upon the alienation of property. No invariable test has been prescribed by which to determine the reasonableness of restraints or...

.... Insofar as concerns restraints upon the alienation of personal property, and in particular of corporate stock, while an owner, in exercising legally permissible freedom to deal with his property, may enter into many transactions which have the effect of restraining its transferability for temporary periods in the future, nevertheless, arbitrary restraints on alienation...voting trustees for a period; and as a necessary incident of such a voting trust, restraints upon the alienation of the stock itself are permitted for the period of the trust. But the statute does not go further to authorize expressly restraints on the...particular purpose for the restraints on alienation of the beneficial interests. Indeed, the relation between the accomplishment of these...

...restraints on alienation of property. This lawsuit comes to us from the United States Court of Appeals for the Second Circuit, which certified four questions arising out of an appeal in...future consignment interests in personal property? "(2) Does the New York common law rule against unreasonable restraints on alienation invalidate preemptive rights and future consignment interests in personal property? "(3) If either the Rule... common law rule against unreasonable restraints on alienation invalidates the preemptive rights and future consignment interests at issue here, can the beneficiary of those rights assert a claim...

...rule against restraints on alienation, and were valid. CROSBY, J. This is an action to recover rent in accordance with the terms...." It is the contention of the defendant that the provisions embodied in the lease violate the rule against restraints on alienation, and that the conveyance from the defendant to Burr...restraints on alienation and are a bar to recovery in this action. The seventh paragraph in the original lease provides that the lessee will not, without the written consent of the board of directors of...

...the time for payment had arrived. The resolution of this question will depend primarily on whether Michigan permits restraints on the alienation of principal as well as income in spendthrift trusts...restraints on the alienation of principal are valid, as do the majority of the modern decisions. The recent decision of....2d 61 (1969), reflects the current attitude of the courts on the subject of restraints on alienation: 1 Restatement 2d...

...be measured. Although this court has not previously confronted the question of restraints on alienation of property interests in cooperative residential apartments, we have addressed the legality...of such restraints on alienation in related contexts. On the one hand, in cases involving the construction of wills...involving the devise of both real and personal property, we have noted that "[t]he law does not favor restraints on alienation and will not recognize them unless they are stated `in unequivocal terms'; Williams v. Robinson, 16 Conn. 517, 523"; Romme v. Ostheimer, 128 Conn. 31, 34, 20 A.2d 406 (1941); and that "[i]t is the policy...

...enforcement. "The common thread running through the various theoretical approaches is that such clauses are considered restraints on the alienation of real property and are enforceable as reasonable...paragraph 11(b) of the mortgage and gives Woodcrest the right to accelerate. It argues the secured indebtedness was, at Woodcrest's option, due on sale, and the sale amounted to an assignment of the rents...unless IPA defaults on its obligations under the note and mortgage. IPA's conveyance, subject to the Woodcrest mortgage, to the third party does not change this provision. Paragraph 11...

..."travel rights" and are therefore contrary to the public policy against restraints on alienation of property. ACE also counterclaimed against TWA, alleging interference with business relations and violation of sections 1 and 2 of the Sherman...at issue here, ACE urges that TWA's restrictions on transfer violate public policy. In doing so, it relies exclusively on the argument that the transfer restrictions run afoul of the time-honored rule against unreasonable restraints on the alienation of...decision upon the second ground, we address that question first. A. The Reasonableness of the Restraints The district court appeared to assume that the policy against restraints on alienation of...