What term describes a restraint that makes an attempted transfer ineffective?

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The term that describes a restraint that makes an attempted transfer ineffective is known as a disabling restraint. This type of restraint directly prevents the transfer of property by declaring any attempt to do so invalid. For example, if a property owner includes a provision in a deed that prohibits the sale or transfer of the property without their consent, that would be considered a disabling restraint because it nullifies any attempted transfer in violation of the restraint.

In contrast, the other terms listed represent different nuances in property law. A forfeiture restraint would allow a party to reclaim property if a certain condition is violated, rather than rendering an attempted transfer immediately ineffective. A promissory restraint typically involves a promise or obligation related to the property rather than an outright prohibition on transferability. A cooperative restraint on the other hand, often fosters agreements among owners to keep property within a specific group or association but doesn't necessarily render transfers invalid; it just may complicate them.

Understanding the concepts of these various restraints is essential in property law, particularly when dealing with the transferability of real estate and the enforceability of specific provisions in property deeds. The disabling restraint stands out as a clear mechanism that voids any attempts to transfer property that do not comply with the stipulated conditions.

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