De non alienando sine consensu superiorum is a Latin phrase that is utilised in Scots law to indicate that an individual is prohibited from selling or transferring their land without obtaining the consent of the landowner above them. This phrase is commonly encountered in a legal document known as a charter, which is granted to individuals who are leasing or utilizing the land.
In Scots law, the term “de non alienando sine consensu superiorum” is used to indicate that lands cannot be sold or transferred without the consent of the superior. This phrase is commonly included in a vassal’s charter, and it means that if a vassal wishes to sell or transfer their land, they must first obtain permission from their superior. Failure to obtain permission renders the sale or transfer invalid. Additionally, if a vassal passes their land down to their heirs, the heirs cannot sell or transfer the land without the superior’s consent. This demonstrates how the phrase is utilised in Scots law, as it grants the superior control over the lands and ensures that they are only sold or transferred with proper consideration. This helps to maintain responsible ownership and prevent the lands from being sold off recklessly.
De Non Alienando Sine Consensu Superiorum is a legal principle that prohibits the alienation or transfer of property without the consent of the superior authority.
The superior authority can vary depending on the context, but it is typically the government or a higher-ranking official.
De Non Alienando Sine Consensu Superiorum can apply to any type of property, including real estate, personal property, and intellectual property.
If someone violates De Non Alienando Sine Consensu Superiorum, they may be subject to legal penalties, such as fines or imprisonment.
No, De Non Alienando Sine Consensu Superiorum is a legal principle that is recognized in some countries but not others.
De Non Alienando Sine Consensu Superiorum is a limitation on property rights, as it restricts the ability of individuals to transfer their property without the consent of the superior authority.
Yes, the superior authority has the discretion to refuse consent for the transfer of property if they believe it is not in the best interest of the public or the government.
De Non Alienando Sine Consensu Superiorum is a common law principle that originated in England.
De Non Alienando Sine Consensu Superiorum typically applies to transactions involving the transfer of property, but it may also apply to other types of transactions that require the consent of a superior authority.
De Non Alienando Sine Consensu Superiorum can be waived or overridden if the superior authority grants permission for the transfer of property or if there is a legal exception that applies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/de-non-alienando-sine-consensu-superiorum/
- Modern Language Association (MLA):De Non Alienando Sine Consensu Superiorum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/de-non-alienando-sine-consensu-superiorum/.
- Chicago Manual of Style (CMS):De Non Alienando Sine Consensu Superiorum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/de-non-alienando-sine-consensu-superiorum/ (accessed: May 09 2024).
- American Psychological Association (APA):De Non Alienando Sine Consensu Superiorum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/de-non-alienando-sine-consensu-superiorum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts