hereditament

hereditament (her-[schwa]-dit-[schwa]-m[schwa]nt or h[schwa]-red-i-t[ schwa]-m[schwa]nt).

1. Any property that can be inherited; anything that passes by intestacy. [Cases: Descent and Distribution

8. C.J.S. Descent and Distribution §§ 9–12; Right of Privacy and Publicity§ 42.]

2. Real property; land. [Cases: Property

4. C.J.S. Property §§ 14–21, 23.]

corporeal hereditament (kor-por-ee-[schwa]l). A tangible item of property, such as land, a building, or a fixture. [Cases: Fixtures 1; Property

4. C.J.S. Property §§ 14–21, 23.]

incorporeal hereditament (in-kor-por-ee-[schwa]l). An intangible right in land, such as an easement. • The various types at common law were advowsons, annuities, commons, dignities, franchises, offices, pensions, rents, tithes, and ways.

“There are two quite distinct classes of incorporeal hereditaments:

1. Those which may ripen into corporeal hereditaments. Thus a grant to A for life with remainder to B in fee simple gave B an incorporeal hereditament which becomes corporeal after A’s death.

2. Those which can never become corporeal hereditaments but are merely rights over the land of another, e.g., rentcharges.” Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 361 (6th ed. 1993).


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