Define: Incorporeal Hereditament

An incorporeal hereditament is a type of property interest that exists independently of physical or tangible property. It refers to rights or interests in property that are intangible and cannot be seen or touched, such as easements, rights of way, leases, patents, copyrights, or other intellectual property rights. Incorporeal hereditaments are inheritable and can be passed down from one owner to another upon the death of the previous owner. While incorporeal hereditaments do not have a physical presence, they are recognised as valuable property interests under the law and can be bought, sold, leased, or otherwise transferred like tangible property.

A ghastly term for a right that can be sold along with land or property, and which affects other land or property than that sold. For example, if the owner of land X has a right of access from land Y, and if X can sell that right when he sells his land, then he has an ‘incorporeal hereditament’ effective against the owner of Y. A less ugly term for this meta of right is a Servitude.

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This glossary post was last updated: 29th March, 2024.