Legal Definition and Related Resources of Inalienability

A fetter on the right to freely transfer property . The rule against inalienability as it is called, is often confused with the rule against perpetuities, but in reality it is directed against a very different evil, i.e., the making of a devise , gift, transfer or trust of property in tenure which prevent : or fetters the free disposition of the property. The operation of the rule is most ofter. seen in cases where an absolute interest ir. property is given with a condition or proviso which renders the property virtually inalienable . It is held in such cases that the condition or proviso is void for repugnancy because an absolute interest in property must of necessity carry with it the right tc freely alienate same. Any condition which negates that right is repugnant to the absolute interest and therefore unenforceable .

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Inalienability in Historical Law

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