Re Macleay
1875 · LR 20 Eq 186
Posted By lanbuk.com
- Facts
- A testator devised land to his brother 'on condition that he never sells it out of the family'. The question was whether that was an invalid restraint on alienation.
- Issue
- Is a condition against selling outside the family void?
- Held
- No. It was only a partial restraint, and it was upheld.
- Principle
- A total restraint on alienation, attached to a as a condition subsequent, is void. A partial restraint may be valid.
- Why it matters
- It is the contrast with a condition that the grantee 'never sells the land at all', which is struck out.
Words and Latin in this note
- Fee simple
- The fullest form of land ownership: the owner holds the land for ever and can sell, give away or leave it by will. Open the note.
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