common law
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 omnipresen ...
, a hereditament (from
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''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, r ...
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 the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...
held in
freehold
Freehold may refer to:
In real estate
*Freehold (law), the tenure of property in fee simple
*Customary freehold, a form of feudal tenure of land in England
*Parson's freehold, where a Church of England rector or vicar of holds title to benefice p ...
and in
leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
.
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 latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its wh ...
,
prescriptive baronies
In Scotland, a baron or baroness is the head of a feudal barony, also known as a prescriptive barony. This used to be attached to a particular piece of land on which was situated the ''caput'' (Latin for "head") or essence of the barony, normal ...
,
pension
A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
s,
annuities
In investment, an annuity is a series of payments made at equal intervals.Kellison, Stephen G. (1970). ''The Theory of Interest''. Homewood, Illinois: Richard D. Irwin, Inc. p. 45 Examples of annuities are regular deposits to a savings account, mo ...
,
rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents ...
s,
franchises
Franchise may refer to:
Business and law
* Franchising, a business method that involves licensing of trademarks and methods of doing business to franchisees
* Franchise, a privilege to operate a type of business such as a cable television p ...
— 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 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. The substantive law of the jurisdiction is Eng ...
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. Today, tithes are normally voluntary and paid in cash or cheques or more r ...
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, ...
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.