Legal Definitions - res alienari prohibita

Res alienari prohibita is a Latin legal term that refers to a thing or property that cannot be alienated. In legal contexts, "alienate" means to transfer ownership, title, or rights to another person or entity. Therefore, a res alienari prohibita is an asset or right that, due to legal restrictions, statutes, or specific agreements, cannot be sold, given away, or otherwise transferred.

Here are some examples to illustrate this concept:

• Public Infrastructure: Imagine a city's main public park or a critical piece of public infrastructure, such as a municipal water treatment plant. These assets are typically designated for public use and benefit.

  This illustrates res alienari prohibita because the city government, by law, cannot simply sell off the public park or the water treatment plant to a private developer for their exclusive profit. The park or plant, as a public utility and resource, is a "thing" that is legally prohibited from being alienated from public ownership.

• Assets in a Restrictive Trust: Consider a trust fund established by a grandparent for their grandchildren. The trust agreement might include a "spendthrift clause" or similar provision stating that the principal (the main body of assets) of the trust cannot be sold, mortgaged, or transferred by the grandchildren, even though they receive income from it.

  In this scenario, the principal of the trust is the res alienari prohibita. The legal terms of the trust prevent the beneficiaries from alienating their interest in the principal, ensuring it remains intact for its intended long-term purpose.

• Land with a Conservation Easement: A private landowner might own a large tract of ecologically valuable forest. To ensure its permanent protection, they could grant a "conservation easement" to an environmental organization. This legal agreement permanently restricts certain activities on the land, such as commercial logging or residential development, even if the land is later sold to new private owners.

  Here, the development rights and certain usage rights associated with the land become res alienari prohibita. Once the easement is in place, these specific rights are legally prohibited from being transferred or exercised in a way that violates the conservation agreement, regardless of who owns the property.