Lesson plan

Hereditament

In common law, a hereditament (from Latin hereditare, to inherit, from heres, heir) is any kind of property that can be inherited. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation". An example of a corporeal hereditament is land held in freehold and in leasehold. Incorporeal hereditaments include hereditary titles of honour or dignity, heritable titles of office, coats of arms, prescriptive baronies, pensions, annuities, rentcharges, franchises, and any other like interest having no physical existence. Two categories related to the church have been abolished in England and Wales and certain other parts of the British Isles: tithes and advowsons. The term featured in the one-time "sweeper definition" (ie, the catch-all phrase) "lands, tenements and hereditaments" , although this is deprecated in contemporary legal documents. The terms "land", "buildings" and (where such land is unregistered) "appurtenant rights", invariably coupled with itemised lists of fixtures and decorations and the like, more properly describe property constituting or connected with land — as opposed to goods, chattels and other forms of movable property.

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Article summary

In common law, a hereditament (from Latin hereditare, to inherit, from heres, heir) is any kind of property that can be inherited. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation". An example of a corporeal hereditament is land held in freehold and in leasehold. Incorporeal hereditaments include hereditary titles of honour or dignity, heritable titles of office, coats of arms, prescriptive baronies, pensions, annuities, rentcharges, franchises, and any other like interest having no physical existence. Two categories related to the church have been abolished in England and Wales and certain other parts of the British Isles: tithes and advowsons. The term featured in the one-time "sweeper definition" (ie, the catch-all phrase) "lands, tenements and hereditaments" , although this is deprecated in contemporary legal documents. The terms "land", "buildings" and (where such land is unregistered) "appurtenant rights", invariably coupled with itemised lists of fixtures and decorations and the like, more properly describe property constituting or connected with land — as opposed to goods, chattels and other forms of movable property.

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Discussion questions

  1. Summarise the article in your own words. Which single claim would you verify first, and why?
  2. Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
  3. If two sources disagreed about one of these facts, what would you need in order to trust one over the other?

Bibliography

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Key claims and bibliography are generated from the same tracked claims and sources as the article page.