Legal Definitions - admortization

Admortization is a historical legal term that refers to the act of transferring land or real estate into the perpetual ownership of a corporation, particularly a religious institution like a monastery or church. This process effectively removed the property from individual ownership and the feudal system's cycle of inheritance, sale, and associated taxes or services. Once property was "admortized," it was said to be held in "mortmain" (literally "dead hand"), meaning it was held indefinitely by an entity that, unlike an individual, did not die, thus preventing its transfer back into the taxable, inheritable stream of private property.

• Example 1: In 14th-century England, a wealthy baron, seeking spiritual merit, formally conveyed a significant portion of his agricultural lands to a Benedictine abbey.

  Explanation: This act would be considered admortization because the baron transferred his private land ownership to the abbey, a corporate religious body. The land would then be held by the abbey in perpetuity, meaning it would no longer be subject to the feudal obligations or inheritance taxes that would apply if it remained in the baron's family, effectively placing it in "mortmain."

• Example 2: A medieval guild of merchants, established as a perpetual corporate body, purchased a large building and the surrounding land in the town center to serve as its permanent headquarters and a hall for its members.

  Explanation: This transaction represents admortization because the land and building were transferred from private hands into the perpetual ownership of the guild, a corporate entity. By holding the property in mortmain, the guild ensured its continuous use for its organizational purposes, free from the typical cycles of individual ownership and inheritance that would otherwise apply.