A “hereditament” represents any property, whether tangible or intangible, that can be inherited. This encompasses a broad spectrum of interests in real property, including land and all permanently attached fixtures (corporeal hereditaments), as well as rights that are exercised over land, such as easements and rights-of-way (incorporeal hereditaments). An example of a corporeal hereditament is a house and the land it sits upon, while an example of an incorporeal hereditament is the right to cross a neighbor’s property to access a public road.
The significance of understanding what constitutes a hereditament lies in accurately determining the scope of ownership and the rights associated with a particular parcel of land. This understanding is crucial for property transactions, estate planning, and resolving disputes related to land use and access. Historically, the concept of hereditaments was vital in maintaining land ownership within families and establishing inheritance patterns. It ensured the continuation of land control across generations, shaping social and economic structures.
