Corporeal And Incorporeal Hereditaments; What It Is, How It Works & Examples

Corporeal And Incorporeal Hereditaments; What It Is, How It Works & Examples

Corporeal and incorporeal hereditaments are legal terms used in property law to describe different types of property that can be inherited.

Corporeal Hereditaments

Corporeal hereditaments refer to tangible, physical property that can be seen, touched, and handled. This includes land, buildings, and other permanent tangible objects on the land, such as minerals below the soil and fixtures on top of it. For example, a house, a piece of land, or a coal mine would be considered corporeal hereditaments. These properties physically exist and can be detected by the senses.

Incorporeal Hereditaments

In contrast, incorporeal hereditaments refer to intangible rights or interests that do not have a physical existence but are derived from real or personal property. These are rights or privileges that are attached to property and can be inherited, but they do not physically exist.

Examples of incorporeal hereditaments include easements (the right of one individual to use another’s property), profits, rent charges, annuities, and rights of intellectual property. Other examples include the right to use airspace over a property and rights or ownerships that do not have a physical form, such as intellectual property.

Incorporeal hereditaments can be further classified into different types, including advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities, and rents.

The key difference between corporeal and incorporeal hereditaments lies in their physical existence. Corporeal hereditaments are tangible and can be physically interacted with, while incorporeal hereditaments are intangible rights or interests that do not have a physical form but are nonetheless valuable and can be inherited.

Key Takeaways:

• Corporeal hereditaments refer to tangible objects like land, buildings, coal, timber, and stone.
• Incorporeal hereditaments are intangible rights arising from property, such as easements and advowsons.
• Both corporeal and incorporeal hereditaments can be inherited and transferred.
• Understanding the distinction between these hereditaments is crucial for managing land tenure and property rights.
• By comprehending these concepts, you can protect inheritance rights and make informed decisions regarding real property and personal property.

Examples of Corporeal Hereditaments

Corporeal hereditaments encompass a wide range of tangible assets that play a significant role in property ownership and land tenure. Understanding these examples is crucial for anyone looking to navigate real estate assets and their legal ownership.

Land

One of the most common examples of corporeal hereditaments is land. Land refers to the physical area of property, including the ground, soil, and everything attached to it. This can include buildings, structures, and natural resources found within the land, such as coal, timber, and stone.

Buildings

Buildings are another tangible asset that falls under corporeal hereditaments. These structures, whether residential, commercial, or industrial, are physically present on the land and can be owned and occupied by individuals. Buildings include houses, apartments, offices, factories, and any other man-made structures.

Natural Resources

Natural resources like coal, timber, and stone are also considered corporeal hereditaments. These resources are present within the land and can be extracted or utilized for various purposes. They are valuable assets and can contribute to the overall worth of the property.

Understanding the concept of corporeal hereditaments is essential for individuals who wish to own, transfer, or inherit real estate assets. Whether it’s legal ownership of land, buildings, or natural resources, recognizing and managing these tangible assets is crucial for effective property management and maximizing their value.

Examples of Incorporeal Hereditaments

Incorporeal hereditaments are a crucial aspect of property rights and inheritance laws. Unlike corporeal hereditaments, these are intangible assets that arise from real or personal property. While they may not be physical objects, they hold significant value and can be inherited and transferred, just like any tangible asset.

One example of an incorporeal hereditament is an easement. This grants an individual the right to use someone else’s property for a specific purpose, such as accessing a neighboring piece of land. Easements are often seen in situations where sharing resources or facilitating access is necessary.

Another example is an advowson, which is the right to present a candidate for a church appointment. This hereditament provides individuals with the ability to nominate someone to fill a position within a church hierarchy, allowing them to play a role in shaping the future of the religious community.

Understanding incorporeal hereditaments is essential for anyone navigating property rights and inheritance laws. By recognizing the existence and significance of intangible assets, individuals can make informed decisions regarding property ownership, transfers, and the protection of their inheritance rights.