(31) Relying on some generic phrase such as "and all tenements,
hereditaments and appurtenances" is a recipe for client disappointment and attorney malpractice claims.
The conventional account holds that at common law, corporeal
hereditaments like fee simple interests could not be abandoned but incorporeal interests (e.g., easements, mineral interests, and licenses) could.
It is not the same as a Lordship of the Manor, enshrined in English law as incorporeal
hereditament - property without body.
Most Canadians would be shocked to learn that they live in a tenement and
hereditament, although the description would be unlikely to provoke a lawyer into protestations over slovenly housekeeping and what's really behind the stove.
easement was an incorporeal
hereditament which did not give an
Prescription has been defined as 'a title acquired by use or enjoyment had during the time and in the manner fixed by law.' (25) A party who successfully claimed an easement by prescription not only acquired an interest which was carved out of a larger estate, but also an incorporeal right or
hereditament. (26) It was a legal proprietary interest in the servient land which would endure in favour of successive owners of the dominant land and would bind successors in title of the servient land.
It should be emphasized that while the derivation of in personam damages from new law is unique to each case, elements such as the property rights of
hereditament and devisement and the perpetuation of long-vested, personalized family interests (e.g., graveyards, historic place titles, and gardens) often have been present in condemnation cases.
The court reasoned that the inclusion of the word "
hereditaments" in the deed constituted a waiver of homestead devise restrictions.
men may have in any houses, lands, or other
hereditaments they are to
hereditaments such as rents and services, rights of way, rights of
all and singuler my mannors Landes Tenements and
hereditaments in the countie of Kent or els where...
Covert, in the activity of his heart, amused himself with making a fanciful story for me, when he had nothing else to do; often afterward, when I looked up from the desk, wearied and inwardly cursing the whole science of Law, with all its appurtenances and
hereditaments, I would behold Mr.
It is difficult to establish definitive data for the commercial property sector as a whole but the Valuation Office Agency record that in 2004 there were 1.4 million non-domestic properties in England and Wales (defined in terms of
hereditaments, the business rate taxable unit).
