246. Restraints on the power to alienate real property are of the following kinds:

(a) Restraints imposed by law (p. 390).

(b) Restraints imposed in favor of creditors (p. 392).

(c) Restraints imposed in the creation of the estate (p. 394).

Same - restraints Imposed By Law

247. By the early common law, restraints independent of the personal capacity of the grantor or the form of his estate were imposed on the owner of lands

(a) In favor of his heirs.

(b) In favor of his lord.

History of the Right of Alienation.

At first estates were given for life only, no larger interests being conveyed when the feudal system was at its height. By custom, or by the construction of the courts, these estates were enlarged into estates to a man and his heirs. By such limitations at first only the issue of the first taker were meant. Afterwards heirs came to include collaterals, so that the estates were about the same in quantity as a fee simple at present.1 To avoid this result, estates were limited to the heirs of the body of the first tenant; that is, they were fees conditional at common law.

1 See ante, p. 44.

§ 247)