Subject: HEREDITAMENTS From: Steven J. Coker Date: September 26, 1998 HEREDITAMENTS, estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land.... By this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot therefore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee.... Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are confined to lands. (q.v.). HEREDITARY. That which is inherited. INCORPOREAL HEREDITAMENT, title, estates. A right issuing out of, or annexed unto a thing corporeal. Their existence is merely in idea and abstracted contemplation, though their effects and profits may be frequently the objects of our bodily senses.... According to Sir William Blackstone, there are ten kinds of incorporeal hereditaments; namely, 1. Advowsons. 6. Dignities. 2. Tithes. 7. Franchises. 3. Commons. 8. Corodies. 4. Ways. 9. Annuities. 5. Offices. 10. Rents. But, in the United States, there, are no advowsons, tithes, dignities, nor corodies. The other's have no necessary connexion with real estate, and are not hereditary, and, with the exception of annuities, in some cases, cannot be transferred, and do not descend. INCORPOREAL. Not consisting of matter. Things incorporeal are those which are not the object of sense, which cannot be seen or felt, but which we can easily, conceive in the understanding, as rights, actions, successions, easements, and the like.... INCORPOREAL PROPERTY, civil law. That which consists in legal right merely; or, as the term is, in the common law, of choses in actions. CORPOREAL PROPERTY, civil law. That which consists of such subjects as are palpable. In the common law, the term to signify the same thing is properly in possession. It differs from incorporeal property, (q.v.) which consists of choses in action and easements, as a right of way, and the like. ==== SCROOTS Mailing List ==== Go To: #, A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, Main |