Incorporeal Hereditaments
In common law (legal system), common law, a hereditament (from Latin ''hereditare'', to inherit, from ''heres'', heir) is any kind of property that can be inheritance, 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 real property, land held in Fee simple, freehold and in leasehold. Examples of incorporeal hereditaments are hereditary titles of honour or dignity, heritable titles of office, coats of arms, prescriptive barony, prescriptive baronies, pensions, Annuity (financial contracts), annuities, rentcharges, exclusive franchises — and any other interest having no physical existence. Two categories related to the church have been abolished in England and Wales and certain other pa ...
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Common Law (legal System)
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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