Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
View all Glossary Terms Related Content
CASE STUDY
“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”
Irwin MitchellAccess all documents on Corporeal hereditament
Corporeal hereditament meaning
Published by a LexisNexis Property expert
What does Corporeal hereditament mean?
A corporeal hereditament is the physical, tangible part of real property that can pass to successors in title: the land itself and anything fixed to it, such as buildings, structures, and other fixtures forming part of the realty. It is contrasted with an incorporeal hereditament, which is an intangible right over land (for example, an easement or profit a prendre).
This is a common-law descriptive term rather than a statutory definition, though “hereditament” appears in rating and valuation legislation and older conveyancing materials. In practice, the classification assists with questions of real property law, including what passes on a conveyance or lease, what is a fixture versus a chattel, what burdens the land (and so runs with it), and how property is identified for valuation and rating.
Usage is broadly consistent in England & Wales and Northern Ireland. In Ireland, the concept is recognised at common law, though modern statutes tend to adopt different terminology. In Scotland, the analogous concept is “corporeal heritable property”; the term “hereditament” is not generally used, but the same tangible/intangible distinction applies.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
View the related Practice Notes about Corporeal hereditament
PRACTICE NOTES
Material change of use under the TCPA 1990: planning unit, ancillary uses, intensification, residential and holiday lets, exceptions and abandonment (England and Wales)
Control of development Under section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is needed for the undertaking of any development of land. For these purposes, “land” in TCPA 1990, s 336(1) denotes any corporeal hereditament, including a building. The court has determined that, in coastal areas, the territorial reach of planning control under the TCPA 1990 goes only to the mean low water mark, so the sea bed beyond that mark does not come within planning control. “Development” in TCPA 1990, s 55(1) covers: the carrying out of building, engineering, mining or other operations in, on, over or under land; or the making of any material change in the use of any buildings or other land. Accordingly, the TCPA 1990 governs two separate kinds of development: operational development and material changes of use. This Practice Note focuses on material changes of use. For details on operational development, see Practice Note: Operational development...
21 May
Read More 
PRACTICE NOTES
Operational Development under TCPA 1990: Scope, Exclusions, Case Law and Distinction from Material Change of Use (England and Wales)
Control of development Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is needed for the carrying out of any development of land. Under the TCPA 1990, section 336(1), “land” means any corporeal hereditament, including a building. The courts have determined that, in coastal locations, the ambit of planning control under the TCPA 1990 reaches only to the mean low-water mark, so the sea bed beyond that line is outside planning control and thus not regulated. “Development” is defined in TCPA 1990, s 55(1) as: the execution of building, engineering, mining or other operations in, on, over or beneath land, or the undertaking of any material change in the use of any buildings or other land Accordingly, the TCPA 1990 regulates two separate categories of development: operational development and material changes of use in planning law. This Practice Note addresses the operational development only. For information on material changes of use, see the Practice Note:...
21 May
Read More
PRACTICE NOTES
Comprehensive Glossary of Property Law and Practice (England and Wales)
FORTHCOMING CHANGE: The Renters’ Rights Act 2025 The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions... A Absolute title A category of title available for registered land. Absolute title is the strongest class that can be granted; it denotes that, apart from matters on the register and any overriding interests, nothing affects the registered proprietor’s freedom to deal with the land... Abstract (of title) A certified summary, prepared by a lawyer, setting out the contents of the title deeds for a particular property... Acquiring authority See Compulsory purchase... Act of Parliament Legislation passed by both Houses of Parliament in the form of a written Bill and given Royal Assent. Sometimes called primary legislation. See also Secondary legislation... Adoption The legal process by which a highway in private ownership becomes a highway maintainable at the public expense....
21 May
Read More 
