Legal Definitions - de non alienando

de non alienando

The Latin legal phrase de non alienando translates to "for not alienating." In legal terms, it refers to a condition or clause that restricts or prohibits the transfer, sale, or other disposition of property. Essentially, it is a legal mechanism designed to prevent property from being moved out of certain ownership or to ensure it remains subject to specific conditions, often for a defined period or indefinitely.

• Example 1: Family Trust for an Estate

  A wealthy individual establishes a family trust to manage their ancestral estate, which includes a historic manor and extensive grounds. The trust document contains a de non alienando clause specifically for the manor house. This clause dictates that the manor cannot be sold, mortgaged, or transferred outside the direct bloodline of the family for at least 100 years, or until certain conditions are met by future generations.

  This illustrates de non alienando because it imposes a direct restriction on the alienation (transfer or sale) of the manor house, ensuring it remains within the family's control as per the trust creator's wishes.

• Example 2: Conservation Easement on Land

  A landowner donates a significant portion of their property to a land trust, establishing a conservation easement. The deed for this easement includes a de non alienando provision, stipulating that the land must forever remain undeveloped and cannot be sold or transferred to commercial developers for any purpose that would alter its natural state.

  Here, de non alienando prevents the conservation land from being alienated for commercial development, ensuring its perpetual use for environmental preservation as established by the original agreement.

• Example 3: Partnership Agreement for Intellectual Property

  Two software developers form a startup company, contributing their jointly developed core intellectual property (IP) as the primary asset. Their partnership agreement includes a de non alienando clause for this IP. This means neither partner can individually sell, license, or transfer their share of the IP to a third party without the explicit written consent of the other partner.

  This demonstrates de non alienando by restricting the individual partners' ability to alienate (transfer or dispose of) their portion of the critical intellectual property, thereby protecting the joint asset and ensuring its stability within the partnership.