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Incorporeal hereditament meaning

What does Incorporeal hereditament mean?
A non-physical right that attaches to land and can pass to successors with the land or be transferred separately. In practice, this covers familiar property rights such as easements (for example, rights of way or light), profits à prendre, rentcharges and, in older authorities, the benefit of restrictive covenants and certain franchises. It is a common-law descriptive expression rather than a term generally defined by statute; modern legislation tends to speak of “interests in land”, but case law and some statutory contexts (including rating) still use “incorporeal hereditament”. Key features are that the right is intangible, relates to land, and usually “runs with” the land benefitted or burdened. Depending on the right and the jurisdiction, creation may require a deed and, for registered land, registration to take effect at law; enforceability against successors is a central issue in conveyancing and development. Usage is broadly consistent in England and Wales, Northern Ireland and Ireland (where modern statutes such as the Land and Conveyancing Law Reform Act 2009 focus on easements and profits). Scots law does not use “hereditament”; the nearest equivalents are “incorporeal heritable rights”, notably servitudes and real burdens, which are real rights in land recognised and registered under the Scottish system.
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View the related Practice Notes about Incorporeal hereditament

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....

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Q&As
Statutory protection for widow after pre‑1989 rent‑free occupation

Trespasser or oral tenancy Given the circumstances and the length of time she has been there, it is improbable that the sister in law is occupying as either: a trespasser (albeit a tolerated one); or under a lease, since a lease may only be created orally where: the term does not exceed three years, it is not of an incorporeal hereditament, it takes effect in possession, and it is at the best rent reasonably obtainable without taking a fine. See the Law of Property Act 1925, ss 52 and 54, and our Q&A. A landlord let a property on an assured shorthold tenancy starting 4 May 2015 for a fixed term of six months. Rent falls due on the 4th day of each month. No deposit was taken and the tenants have committed no breaches. Unfortunately, there is no written tenancy agreement. The clients now wish to recover...

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