mortmain

American  

[mawrt-mayn] / 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

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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

Another royal decree prohibited religious congregations from holding lands in mortmain, but the bishop refused to enforce it.

From The Makers of Canada: Index and Dictionary of Canadian History by Various

Owing, moreover, to deaths by the plague, so much property had come into mortmain that the city had become impoverished, and one-third part of it rendered void of inhabitants.

From London and the Kingdom - Volume I by Reginald R. (Reginald Robinson) Sharpe

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

They had power to elect professors also of horsemanship, dancing, painting, engraving, &c.; were made a body corporate, were permitted to use a common seal, and to possess goods and lands in mortmain.

From Notes and Queries, Number 78, April 26, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc by George Bell

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