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

The power to acquire and hold land was incident to a corporation at common law, but its restriction by the statutes of mortmain dates from a very early period.

From Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 4 "Coquelin" to "Costume" by Various

The program also declares for the "abolition of the congregations, nationalization of property in mortmain of every kind belonging to them, and appropriation of it for works of social insurance and solidarity."

From The Red Conspiracy by Joseph J. Mereto

A few days after the installation of the new government, the agitation of the mortmain question was commenced in congress.

From Mexico, Aztec, Spanish and Republican Vol. 1 of 2 A Historical, Geographical, Political, Statistical and Social Account of That Country From the Period of the Invasion by the Spaniards to the Present Time; With a View of the Ancient Aztec Empire and Civilization; A Historical Sketch of the Late War; And Notices of New Mexico and California by Brantz Mayer

The Wills Act 1837 did not renew the old provision against devises to corporations, which therefore fell under the general law of mortmain.

From Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 4 "Coquelin" to "Costume" by Various