What can result from a total restraint on alienation in fee simple ownership?

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A total restraint on alienation in fee simple ownership can lead to the conclusion that the entire estate will be void because it contrary to public policy. The doctrine of restraints on alienation states that any attempt to completely restrict the free transferability of property is generally considered to be an invalid condition. This principle is rooted in the idea that individuals should have the freedom to transfer their property as they see fit.

When a property owner places an absolute prohibition on the transfer of the property, it fundamentally undermines the value of fee simple ownership, which is meant to confer the maximum ownership rights available. As a result, the law typically treats such total restraints as unenforceable, leading to the conclusion that the entire estate can become void.

This contrasts with other options that suggest either partial validity or the possibility of imposing conditions on future transfers. A complete restraint does not provide a reasonable purpose and often leads to more problems than it solves, reinforcing the stance that total restraints are not permissible. Therefore, the law favors the preservation of the free alienation of property, and such outright restraints that hinder this principle will invalidate the entire estate.

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