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corporeal hereditament [1 record]

Record 1 2012-11-14

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

"Hereditaments" (is) used in a general sense to include both the corporeal things, such as houses and land, and the rights which arise out of them. Where these rights extend to the exclusive possession of the thing which is the subject of property, they are called corporeal hereditaments, a term which is used to denote both the thing itself and the right of property in the thing. (Halsbury, 4th ed., Vol. 27, p. 104).

OBS

Strictly the term "corporeal" applies to the land itself, whereas rights in the land are incorporeal, but this is not in accordance with legal usage, and a right in the land, if accompanied by possession, is regarded as corporeal, whereas partial rights which do not entitle the owner of them to possession are regarded as incorporeal. Rights in land, whether corporeal or incorporeal, are described by the words "tenements" and "hereditaments". ... (Halsbury, 4th ed., Vol. 39, p. 261).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

héritage corporel : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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