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.

---

mortmain British  

/ ˈmɔːtˌmeɪn /

noun

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

---

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

A licence to establish the school would be necessary, as well as a licence in mortmain.

From Education in England in the Middle Ages Thesis Approved for the Degree of Doctor of Science in the University of London by Parry, Albert William

In this year a committee of the House of Commons reported against continuing the reservation in mortmain of the clergy lands, as it imposed serious obstacles to the improvement of the colony.

From The Story of My Life Being Reminiscences of Sixty Years' Public Service in Canada by Hodgins, J. George (John George)

This system of accumulation in mortmain has hung for generations like a millstone around the necks of the Cuban people, and will, I am afraid, continue so to do.

From Cuba Past and Present by Davey, Richard