Hereditaments

Hereditaments in United States

Hereditaments Definition

Things capable of being inherited. Co. Litt. 5b; 2 Bl. Comm. 17. 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. 2 Bos. & P. 251; 8 Term R. 503. See 4 Washb. Real Prop. Index. Hereditaments are either (1) corporeal, such as are substantial and permanent, being comprehended under the general denomination land; (2) incorporeal, being heritable rights issuing out of things corporeal. They include advowsons, tithes, dignities, pensions, franchises, offices, commons, ways, annuities, and rents. 2 Bl. Comm, 19 et seq. Hereditaments are also divided into real, personal, and mixed. Challis, Real Prop. 39, 40.

Hereditaments in Foreign Legal Encyclopedias

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Hereditaments Hereditaments in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

Things capable of being inherited. Co. Litt. 5b; 2 Bl. Comm. 17. 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. 2 Bos. & P. 251; 8 Term R. 503. See 4 Washb. Real Prop. Index. Hereditaments are either (1) corporeal, such as are substantial and permanent, being comprehended under the general denomination land; (2) incorporeal, being heritable rights issuing out of things corporeal. They include advowsons, tithes, dignities, pensions, franchises, offices, commons, ways, annuities, and rents. 2 Bl. Comm, 19 et seq. Hereditaments are also divided into real, personal, and mixed. Challis, Real Prop. 39, 40.

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This definition of Hereditaments is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

Things capable of being inherited, whether corporeal or incorporeal, real or personal, or mixed, and including not only lands and everything thereon, but also heirlooms and certain furniture, which, by custom, may descend to the heir together with the land.

(Revised by Ann De Vries)

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