We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Incorporeal Hereditament: A Guide to Intangible Property Rights
Definition & meaning
An incorporeal hereditament refers to a type of intangible property right that can be inherited. Unlike physical property, these rights do not have a tangible form but are nonetheless attached to real estate. Common examples include easements, which allow someone to use a portion of another person's property, profits, which grant the right to extract resources from someone else's land, and rent charges, which are payments owed for the use of property.
Table of content
Legal use & context
Incorporeal hereditaments are primarily relevant in property law and real estate transactions. They are often involved in cases concerning land use, property rights, and inheritance. Legal practitioners may encounter these terms in various contexts, such as drafting easement agreements or resolving disputes over property rights. Users can manage some related tasks using legal templates available through US Legal Forms, which can simplify the process of creating or modifying agreements associated with these rights.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
A property owner grants an easement to a neighbor, allowing them to cross their land to access a public road. This easement is an incorporeal hereditament that can be inherited by the neighbor's heirs.
A landowner has the right to extract timber from a neighboring property through a profit. This right, being intangible, is also classified as an incorporeal hereditament. (hypothetical example)
State-by-state differences
State
Key Differences
California
Easements can be created by express grant, implication, or prescription.
New York
Profits can be granted for a specific duration and may have unique regulations.
Texas
Rent charges may have specific statutory requirements for enforcement.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Incorporeal hereditament
An intangible right attached to property.
Cannot be physically touched; includes rights like easements.
Corporeal hereditament
Physical property that can be touched or seen.
Includes land and buildings; tangible assets.
Easement
A specific type of incorporeal hereditament allowing use of another's property.
Focused on usage rights rather than ownership.
Common misunderstandings
What to do if this term applies to you
If you believe you have an incorporeal hereditament or are involved in a dispute regarding one, consider the following steps:
Review any existing agreements or documents related to the property.
Consult with a legal professional for advice tailored to your situation.
Explore US Legal Forms for templates that can help you create or modify agreements related to these rights.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.