Incorporeal hereditament Definition

GLOSSARY

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What does Incorporeal hereditament mean?

An intangible property right in land.

A hereditament is defined by the Law of Property Act 1925, s 205(ix) as any property which on an intestacy occurring before 1 January 1926 might have devolved upon an heir. The term does not therefore include personal rights. Incorporeal hereditaments are intangible and can neither be seen nor handled.

View the related practice notes about Incorporeal hereditament

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long user. See: Checklist for the creation and registration of easements.Easements are different from:•natural rights arising by law from the ownership of land (eg a right to continuance of an accustomed flow of water in a natural channel bordering land)•profits à prendre which are the right to take something from the servient land•rights of common which...

Glossary of Property Terms

Glossary of Property Terms A Absolute title One of the classes of title available in relation to registered land. Note Absolute title is the best class of title that can be granted: it indicates that there is nothing (apart from entries in the register of title and any overriding interests) that affects the registered proprietor’s ability to deal with the land. Abstract (of title) A summary (prepared and certified by a lawyer) of the contents of the title deeds relating to a particular property. Acquiring authority See Compulsory purchase. Act of Parliament Law approved by both Houses of Parliament (in the form of a written Bill) that has received Royal Assent. Sometimes referred to as primary legislation. See also Secondary legislation. Adoption The legal mechanism by which a highway in private ownership becomes a highway maintainable at the public expense. Note One of the consequences of adoption is that the local highways authority acquires title to the surface of the highway and sufficient subsoil beneath it to...

Discover our 4 Practice Notes on Incorporeal hereditament

An individual is the sole freeholder of residential premises. His brother occupied the premises from 1983 until his death in 2007, and since then his sister in law has occupied. No rent was ever paid by his brother or by his sister in law. Is the sister in law entitled to any rights or statutory protections in respect of their occupation?

An individual is the sole freeholder of residential premises. His brother occupied the premises from 1983 until his death in 2007, and since then his sister in law has occupied. No rent was ever paid by his brother or by his sister in law. Is the sister in law entitled to any rights or statutory protections in respect of their occupation? Trespasser or oral tenancy It seems unlikely that the sister in law is in occupation as a: • trespasser (albeit a tolerated one) given the circumstances and length of her occupation; or • under a lease on the basis that leases can only be made orally when: ◦ it is for a term not exceeding three years ◦ it is not of an incorporeal hereditament ◦ it is to take effect in possession, and ◦ it is at the best rent reasonably obtainable without taking a fine See Law of Property Act 1925, ss 52 and 54 and our Q&A A landlord let a property to tenants on...

Party A and Party B entered into an AST for a term of 12 months. Prior to the end of the fixed term, Party A and Party B agreed via a series of emails a renewal of the tenancy for a period of six months. No new agreement was signed. Heads of terms were agreed in the email chain. Rent under the ‘new’ tenancy was slightly higher and the term was six months rather than 12 months. Would this be construed as a new AST agreement or alternatively a statutory periodic tenancy (of the original tenancy)?

Party A and Party B entered into an AST for a term of 12 months. Prior to the end of the fixed term, Party A and Party B agreed via a series of emails a renewal of the tenancy for a period of six months. No new agreement was signed. Heads of terms were agreed in the email chain. Rent under the ‘new’ tenancy was slightly higher and the term was six months rather than 12 months. Would this be construed as a new AST agreement or alternatively a statutory periodic tenancy (of the original tenancy)? Section 5(2) of the Housing Act 1988 (HA 1988) provides that ‘If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of [circumstances which do not apply here] then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon...

See the 6 Q&As about Incorporeal hereditament

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