Mortmain is a term referring to a corporation’s ownership of land, which originated in the Middle Ages in England when it was used to describe land owned by the Catholic Church. The Church’s right to land ownership was limited by King Edward I’s Statutes of Mortmain in 1279 and 1290, which required Crown authorization for property to come under the control of a corporation. The Mortmain Statutes are an important part of legal history, but in most countries, there are no longer any laws against Mortmain.
Mortmain refers to a corporation’s ownership of land. Literally means dead hand in French, because land owned by a corporation retains its status forever. Mortmain is a historical term that arose during the Middle Ages in England when it generally referred to land owned by the Catholic Church or one of its religious communities.
The Church’s right to landed property had been recognized since the reign of Constantine in the 3rd century, but the situation became unpopular under the feudal system, as it deprived feudal lords of any rent from the land in question. Under the feudal system, landowners had to pay accidents or taxes whenever land changed hands, such as upon the death of a landowner.
Furthermore, the lord became the guardian of any minor landowner and had the right to choose who would marry a female heiress. If a landowner lost land, such as by dying without naming an heir or by committing a crime, ownership of the property reverted to the lord. The English crown was the ultimate owner of all land in the country, and therefore the ultimate lord, with other lords acting as mediators between minor landowners and the Crown.
While the Church’s right to land ownership had been limited in documents including the Magna Carta of 1215 and the Provisions of Westminster of 1259, King Edward I’s Statutes of Mortmain more clearly defined the law. According to these statutes, issued in 1279 and 1290, property could only come under the control of a corporation if the Crown authorized it. The Mortmain Statutes are an important part of legal history, but in most countries there are no longer any laws against Mortmain. The rule against perpetuities in modern trust law, which prevents people from granting estates to descendants in the distant future, is similar to earlier laws against death.
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