Legal Definitions - De Donis Conditionalibus

De Donis Conditionalibus is a Latin legal term referring to an important English statute enacted in 1285. This law significantly changed how land could be inherited and transferred, primarily by giving rise to a type of land ownership called a "fee tail."

Before De Donis Conditionalibus, if someone granted land "to John and the heirs of his body," it was understood as a "conditional fee." This meant that once John had a child (the condition was met), he could then sell the land outright, even if it meant taking it out of his family's lineage. This often frustrated the original grantor's intent to keep the land within a specific family line for generations.

The 1285 statute intervened to prevent this. It transformed these "conditional fees" into "fee tail" estates. With a fee tail, the land was strictly tied to the specified line of descendants (e.g., "the heirs of his body"). The current owner of a fee tail could not sell the land in a way that would prevent it from passing to their designated heirs. This made it much harder to break the chain of inheritance and ensured that land remained within a family for a longer period, sometimes for centuries, as intended by the original grantor.

Here are some examples illustrating the impact of De Donis Conditionalibus:

• Example 1: Preserving an Ancestral Estate

  Imagine a wealthy medieval lord, Lord Ashworth, who owned a vast ancestral manor. He wanted to ensure that this manor would forever stay within his direct lineage, passing from eldest son to eldest son. He granted the manor "to his son, Robert, and the heirs of his body."

  How De Donis applies: Under the influence of De Donis Conditionalibus, this grant created a fee tail. Robert could not sell the manor to an outsider, nor could his descendants, as long as the specified line of heirs continued. The statute enforced Lord Ashworth's desire to keep the estate perpetually within his family, preventing any individual heir from breaking the chain of inheritance by selling the land.

• Example 2: Securing a Family Branch's Future

  Lady Beatrice, concerned about the financial stability of her younger brother's family, decided to grant him a productive farm. She specified the grant as "to her brother, Charles, and the heirs male of his body." She wanted to ensure the farm would provide for his male descendants specifically, and not be sold off by a spendthrift heir.

  How De Donis applies: This grant, because of De Donis Conditionalibus, established a fee tail male. Charles could use the farm and pass it to his sons, but he could not sell it to a stranger or leave it to a daughter if there were male heirs. The statute ensured the farm remained within Charles's male lineage, fulfilling Lady Beatrice's specific intent to secure that branch of her family.

• Example 3: Land as a Marriage Settlement

  In a historical context, a father might settle land upon his daughter's marriage to ensure her financial security and that of her future children with her husband. He might grant a parcel of land "to his daughter, Elizabeth, and the heirs of her body by her husband, Sir Thomas."

  How De Donis applies: This specific wording, enforced by De Donis Conditionalibus, created a "fee tail special." This meant the land could only pass to the children born of Elizabeth and Sir Thomas's marriage. Neither Elizabeth nor Sir Thomas could sell the land to someone outside this specific lineage, nor could it pass to children Elizabeth might have from a different marriage. The statute ensured the land served its intended purpose as a patrimony for that particular marital union's descendants.