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

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

These lands were said to be in mortmain, or "dead hands"; since the Church, being a corporation, never let go its hold, but kept its property with the tenacity of a dead man's grasp.

From The Leading Facts of English History by Montgomery, D. H. (David Henry)

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

With only the wide, wide world between, Where memory has mortmain.

From Songs and Satires by Masters, Edgar Lee

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