Incorporeal Hereditament
Defined in 2 dictionaries — Bouvier (1914), Black's (1891)
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Anything, the subject of property, which is inheritable and not tangible or visible. 2 Woodd. I>ect. 4. A right issuing out of a thing corporate (whether real or personal) or concerning or annexed to or exercisable within the same. 2 Bla. Com. 20; Walker V. Daly, 80 Wis. 222, 49 N. W. 812; 1 Washb. R. P. 10; Chal. R. P. 47; Wyatt v. Irrigation Co., 18 Colo. 298, 33 Pac. 144, 36 Am. St Rep. 280. Their existence is merely in idea and ab-' stract contemplation, though their effects and profits may be frequently the object of the bodily senses; Co. Litt. 9 o/ Pothier, TraiU des Chuaea § 2. According to Blackstone, there are ten kinds of Incorporeal hereditaments: viz. advowsons, tithes, commons, ways, offices, dignities, franchises, corodies, annuities, and rents. 2 Com. 20. In the United States there are no advowsons, tithes, dignities, nor corodies, commons are rare, ofllces rare or unkno^, and annuities have no necessary connection with land. 3 Kent 402, 454. And there are other incorporeal hereditaments not included in this list, light, air, etc., and e QuitW of redemption; 1 Washb. R. P. *11. Incorporeal hereditaments were said to be in grant; corporeal, in livery; since a simple deed or grant would pass the former, of which livery was Impossible, while livery was necessary to a transfer of the latter. But this distinction Is now done away with, even In EJngland. See 8 & 9 Viet. c. 106, § 2; 1 Washb. R. P. 10; Will. R. P. 279, 364, 370. See Abandonment.
A Dictionary of Law
Henry Campbell Black · 1891
Anything, the subject of property, which is inheritable and not tangible or visible. 2 Woodd. Lect. 4. A right issuing out of a thing corporate (whether real or personal) or concerning or annexed to or exercisable within the same. 2 Bl. Comm. 20; 1 Washb. Real Prop. 10.