Jurisdiction(s):
United Kingdom

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Key definition

Incorporeal hereditament definition

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...

Statutory protection for widow after pre‑1989 rent‑free occupation

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Q&As

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 possession. The presumption is that they can serve a section 21(1)(b) notice to expire at the end of the fixed term. The next issue is whether to use the standard possession procedure; to date, this procedure has only been used where a section 8 notice has been served...

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Web page updated on 27/05/2026

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