Hereditaments


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Related to Hereditaments: incorporeal hereditaments

HEREDITAMENTS, estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land. Co. Litt. 5 b; 1 Tho. Co. Litt. 219; 2 Bl. Com. 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 B. & P. 251; 8 T. R. 503; 1 Tho. Co. Litt. 219, note T.
     2. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are confined to lands. (q.v.) Vide Incorporeal hereditaments, and Shep. To. 91; Cruise's Dig. tit. 1, s. 1; Wood's Inst. 221; 3 Kent, Com. 321; Dane's Ab. Index, h.t.; 1 Chit. Pr. 203-229; 2 Bouv. Inst. n. 1595, et seq.

References in periodicals archive ?
(186) Because the abandonment of real property necessarily entails indifference as to the identity of the subsequent owner, it is wrong to refer to the abandonment of an incorporeal hereditament. When such an interest is "abandoned," the interest in question reverts to the owner of the previously burdened estate.
transferring any lands, tenements or hereditaments." (155) Also as
corporeal hereditaments, to the [detriment of the one
We can begin to see the specific legal context of Donne's satire by considering the following call for legal reform from earlier in the sixteenth century: "Where by the common laws of this realm, lands, tenements, and hereditaments be not devisable by testament, nor ought to be transferred from one to another, but by solemn livery and seisin, matter of record, writing sufficient made bona fide, without covin or fraud, yet nevertheless divers and sundry imaginations, subtle inventions, and practices have been used, whereby the hereditaments of this realm have been conveyed from one to another by fraudulent feoffments, fines, recoveries, and other assurances craftily made." (6) This is the preamble of the 1536 Statute of Uses (28 Hen.
On October 7, 1640 the Massachusetts colonial legislature, the General Court, enacted a law requiring land registration and its implementation became an integral part of the colony's economic regulations: For avoiding all fraudulent conveyances, and that every man may know what estate or interest other men may have in any houses, lands, or other hereditaments they are to deal in, it is therefore ordered, that after the end of this month no mortgage, bargain, sale, or grant hereafter to be made of any house, lands, rents, or other hereditaments, shall be of force against any other person except the grantor and his heirs, unless the same be recorded, as is hereafter expressed [Shurtleff 1853: vol.
The grant of lands to the school totaled about 125 acres and included "all those fields, meadows and pastures, and hereditaments, whatsoever with the appurtenances, called or known by the name or names of Long-Croft, Byn-ges, Rotton-fields, Wal-mores, and St Mary Wood lying and being in the Foreign of Birmingham".
But like Blackstone, who called property a realm of "sole and despotic dominion" before launching into the web of shared "incorporeal hereditaments," (51) the modern study of property law starts with Pierson v.
The act's preamble charged the North with "departing from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States" and asserted that "our only protection against such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies." The Confederacy would therefore now seize all "lands, hereditaments, goods and chattels, rights and credits" owned by Northern citizens in the South.
and other Concerns of the like Nature, from or arising out of any Lands, Tenements, Hereditaments, or Heritages, on the Profits of the Year preceding:"
Whereas Gifts or Alienations of Lands, Tenements or Hereditaments, in Mortmain, are prohibited or restrained by Magna Charta, and divers other wholsome Laws, as prejudicial to and against the common Utility; nevertheless this publick Mischief has-of late greatly increased by many Persons, to Uses called Charitable Uses, to take place after their Deaths, to the Disherison of their lawful "Heirs": For Remedy whereof be it enacted ...
The london borough of merton ( the council ) has contracted with a suitably qualified and experienced provider to provide support and intelligence to assist in the collection of business rates in particular the identification of new and expanded hereditaments.
It is putting forward a recommendation that would see businesses occupying hereditaments - property that can be inherited - with an assessed value of less than PS12,000 being removed from the rating system entirely.