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Incorporeal hereditament

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Incorporeal Hereditament:
An incorporeal right which is attached to property and which is inheritable.
Indefeasible:
A right or a title in property that cannot be made void or cancelled by any past event, error or omission in the title.

 


INCORPOREAL HEREDITAMENT, title, estates. A right issuing out of, or annexed unto a thing corporeal.

It also includes incorporeal hereditaments such as easements or heriditary titles.
This common law definition can be significantly altered by statute.
The English Wills Act of 1837 defined real estate as including: ...

Incorporeal hereditament: Intangible property rights which may be inherited, such as easements and profits à prendre.

Such thing as affects the senses, as may be seen and handled. Incorporeal hereditament. Is not the object of sensation, can neither be seen nor handled; is a creature of the mind, exists only in contemplation. 2 Bl. Com. 17-18.

corporeal hereditaments - tangible real property (land)
incorporeal hereditaments - intangible real property such as an easement of way
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Possession ...

Corporations or bodies politic are the most usual franchises known to our law. They have been classed among incorporeal hereditaments, perhaps improperly, as they have no inheritable quality.

See also: Incorporeal, Right, Thing, Law, Property

Law IncorporealIncriminate

 
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