Legal Definitions - de non alienando

DE NON ALIENANDO

De non alienando is a Latin term used in Scots law to mean "for not alienating." It is used to restrict the transfer of property.

For example, if a person owns a piece of land and wants to ensure that it stays in their family, they may include a de non alienando clause in their will. This would prevent any future owners from selling or transferring the land to anyone outside of the family.

Another example would be a de non alienando clause in a trust agreement. This would restrict the trustee from selling or transferring the assets held in the trust to anyone other than the beneficiaries named in the agreement.

The examples illustrate how de non alienando is used to restrict the transfer of property. It is a legal tool that can be used to ensure that property stays within a certain group or family, or to protect assets held in a trust. By including a de non alienando clause, the owner or trustee can prevent the property or assets from being sold or transferred to anyone outside of the designated group or beneficiaries.