common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, a hereditament (from
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
''hereditare'', to inherit, from ''heres'', heir) is any kind of
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
that can be inherited.
Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation". An example of a corporeal hereditament is
land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land sur ...
leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a Lease, lessee or a tenant has rights of real property by some form of title (property), title from a lessor or landlord. Although a tenant does hold right ...
.
Examples of incorporeal hereditaments are
hereditary title
Hereditary titles, in a general sense, are nobility titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families.
Though both monarchs and nobles usually inherit their titles, the mechanisms often d ...
s of honour or dignity, heritable titles of office,
coats of arms
A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the last two being outer garments), originating in Europe. The coat of arms on an escutcheon forms the central element of the full heraldic ac ...
pension
A pension (; ) is a fund into which amounts are paid regularly during an individual's working career, and from which periodic payments are made to support the person's retirement from work. A pension may be either a " defined benefit plan", wh ...
s,
annuities
In investment, an annuity is a series of payments made at equal intervals based on a contract with a lump sum of money. Insurance companies are common annuity providers and are used by clients for things like retirement or death benefits. Examples ...
franchises
Franchise may refer to:
Arts, entertainment, and media
* Media franchise, a collection of related creative works, such as films, video games, books, etc., particularly in North American usage
* "Franchise" (short story), a 1955 short story ...
— and any other interest having no physical existence. Two categories related to the church have been abolished in
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
and certain other parts of the British Isles:
tithe
A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Modern tithes are normally voluntary and paid in money, cash, cheques or v ...
s and
advowson
Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, a ...
s. The term featured in the one-time "sweeper definition", catch-all phrase, "lands,
tenements
A tenement is a type of building shared by multiple dwellings, typically with flats or apartments on each floor and with shared entrance stairway access. They are common on the British Isles, particularly in Scotland. In the medieval Old Town, i ...
and hereditaments" is deprecated in contemporary legal documents. The terms "land, buildings" and where such land is unregistered "
appurtenant
An appurtenance is something subordinate to or belonging to another larger, principal entity, that is, an adjunct, satellite, or accessory that generally accompanies something else.chattels or movable property.
Other meanings
In the UK, the word is used in annual property taxation; its practical definition being the answer to the question, "as a matter of fact and degree, is or will the building, as a building, be ready for occupation, or capable of occupation, for the purposes for which it is intended?" combined with tests surrounding whether it is a dwelling and case law decisions, for example whether:
*other structures than homes such as garages form part of the ''hereditament''
*the addition or reduction of small parcels of land constitutes a new "hereditament".Subsections 21 (2) and (3) of the Local Government Finance Act 1992 - incorporates the taxation definition of hereditament in an otherwise repealed section of the General Rate Act 1967.