What is an alienation clause?

An alienation clause in Kansas property law is a contractual provision that dictates the circumstances under which a piece of property can be sold, transferred, or otherwise alienated. This clause is commonly included in deeds of purchase or mortgage documents to ensure that the transferee has the right to transfer the property in the event of their death, or if they choose to sell the property to a third party. Alienation clauses can also be included to protect the owner from creditors in the event of a bankruptcy, or to restrict the transfer of the property to certain family members or other specific persons. While alienation clauses are important for protecting the rights of both the buyer and seller in a transaction, it is important to note that they are not always enforced by the courts. In addition, certain alienation clauses might be seen as unconscionable or in violation of public policy and thus, not enforceable.

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