mortmain

American  

[mawrt-meyn] / ˈmɔrtˌmeɪn /

noun

Law.

1. the condition of lands or tenements held without right of alienation, as by an ecclesiastical corporation; inalienable ownership.

2. the perpetual holding of land, especially by a corporation or charitable trust.

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mortmain British  

/ ˈmɔːtˌmeɪn /

noun

1. law the state or condition of lands, buildings, etc, held inalienably, as by an ecclesiastical or other corporation

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Etymology

Origin of mortmain

1250–1300; Middle English mort ( e ) mayn ( e ) < Anglo-French mortemain, translation of Medieval Latin mortua manus dead hand

Explanation

When an organization owns a piece of land which will never pass to another owner, it's known as a mortmain. A church's property is often protected by a mortmain. Mortmain literally means “dead hand.” The noun mortmain is primarily a legal term, describing a kind of protection of a group's hold on property or land. Historically, buildings and land owned by a church organization would have a mortmain to protect the church against losing the property even after the death of the person in charge. In Old French, mortemain literally means "dead hand," from the Medieval Latin manus mortua, which in legal terms means "inalienable power."

Example Sentences

See Examples For:

mortmain

We have often wished for some statute akin to mortmain to remove the dead hand of tradition from the domain of ideas.

From Time Magazine Archive

This was St Bernard’s College, founded by Chicheley under licence in mortmain in 1437 for Cistercian monks, on the model of Gloucester Hall and Durham College for the southern and northern Benedictines.

From Encyclopaedia Britannica, 11th Edition, Volume 6, Slice 2 "Chicago, University of" to "Chiton" by Various

Gifts for charitable purposes, other than those affected by the law of mortmain, have always been viewed with favour.

From Encyclopaedia Britannica, 11th Edition, Volume 5, Slice 8 "Chariot" to "Chatelaine" by Various

The council is a body corporate, may hold land in mortmain, and can appoint committees for its own parish or jointly with any other parish council.

From Encyclopaedia Britannica, 11th Edition, Volume 9, Slice 4 "England" to "English Finance" by Various

By the law of mortmain religious houses were prohibited from acquiring it.

From Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 3 "Convention" to "Copyright" by Various