Talk:Hereditament

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I've seen this used in a countable sense, talking of "two hereditaments [within an area]". It would be good to have info about the countable sense - obviously it is something similar to each parcel of land, but do for example two adjacent hereditaments merge into each other? Morwen - Talk 09:31, 10 January 2006 (UTC)[reply]

In the UK, "hereditament" is particularly used in rating (i.e. local government taxes on property occupation):

1) A hereditament is defined in Section 115(1) General Rate Act 1967 as:- “property which is or may become liable to a rate being a unit of such property which is or would fall to be shown as a separate item in the valuation list”;

2) "The term “hereditament” refers to a property that would form a separate entry in a rating list" [1], and

3) A hereditament is "a contiguous whole, in single occupation" [2].

In classic rating law, there are four tests for a rateable occupier, who must have actual, beneficial, exclusive and "timely" occupancy. So, to answer your question, it is possible to have more than one hereditament within an area, but a single occupier of contiguous/adjacent hereditaments can appeal to have these listed as a single hereditament. An example might be an occupier which occupies multiple floors in the same building: these can be listed as separate items in the Rating List, or merged into a single hereditament. Hope that helps.

Franchise?

What does "franchise" mean on this page? (The link on this page is to a disambiguation page). Please see Jurisdiction#Franchise Jurisdiction which reads in part "In the history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament) called a franchise". Is that what it means? If so I'll add it to the dismabiguation page. Ewlyahoocom 12:01, 5 April 2006 (UTC)[reply]

Merge proposal

The two short articles nonpossessory interest in land and incorporeal hereditament would not suffer from merging their content: the former is a subtype of the latter. Indeed, it is the most important subtype: things like coats-of-arms may still be hereditaments in England, but I suspect there are common-law jurisdictions where such medieval relics are no longer subject to property law; and even in places where they are, the lion's share of those lawyer's fees which relate to incorporeal hereditament will relate to land. jnestorius^(talk) 09:39, 4 November 2024 (UTC)[reply]

@CanonLawJunkie, BD2412, DTOx, Cdogsimmons, Shtove, Adam37, Snowsuit Wearer, Deville, and Woohookitty: courtesy ping jnestorius^(talk) 09:46, 4 November 2024 (UTC)[reply]

While a nonpossessory interest in land can be inherited, I don't believe that inheritability is its defining quality. Obviously, by contrast, an incorporeal hereditament is characterized by its status as a hereditament. BD2412 T 14:28, 4 November 2024 (UTC)[reply]

Post 1 above (the OP) is not quite right, though rare, you can have a easement for tenant's benefit (so only for a tenant's term which could be for their life) of course also requiring a situation of nearby land the life tenancy encumbers (the so-called servient holding). Merging with the actual article it links, hereditament is therefore superficially attractive, but fails to work as one is not a subset of the other. One is speaking fairly plainly and intuitively about what a real or corporate person can enjoy falls short of rights which are possession of land whether by that owner or their tenants. The other is almost whatever can be held by a human person, but never merely for life only. Hereditaments are, when falling into a human's hands not other legal person's, able to pass via a Will or any other, non-testamentary legal inheritance (succession in personal wealth, estate, assets).- Adam37 Talk 20:01, 11 November 2024 (UTC)[reply]

I am always in favor of looking for areas where we can organize related legal concepts but I am not sure this is the right move based on the observations of other editors here too. If there are other proposals I would like to consider them whenever they come up. Jorahm (talk) 19:09, 24 November 2024 (UTC)[reply]