Hereditament - Law Dictionary Search Results
Home Dictionary Name: hereditamentHereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Mixed hereditament
Mixed hereditament, means a hereditament which is not a domestic hereditament but in respect of which it appears to the rating authority or is determined that the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private dwelling or private dwellings is greater than one-eight. Any part of the hereditament used for the letting of rooms singly for residential purposes, whether by way of tenancy or licence and with or without board or other services or facilities, or used as sites for movable dwellings, is to be treated as used for purposes other than those of a private dwelling or private dwellings, Halsbury's Laws of England, 4th Edn., Vol. 39, para 192, at p. 169....
Incorporeal hereditament
Incorporeal hereditament. See HEREDITAMENT...
hereditament
hereditament [Medieval Latin hereditamentum, from Late Latin hereditare to inherit, from Latin hered- heres heir] : inheritable property ...
Corporeal hereditaments
Corporeal hereditaments, those subjects of tangible property which are comprised under the denomination of things real, Fearne, Reading on the Statute of Inrolments....
Major hereditas venit uncuique nostrum a jure et legibus quam a parentibus
Major hereditas venit uncuique nostrum a jure et legibus quam a parentibus [Lat.], a greater inheritance comes to every one of us from right and the laws than from parents....
Residential occupier
Residential occupier, means a person who resides or is usually resident in premises used for the purposes of a private dwelling, and having at the relevant date a rateable value not exceeding the specified limit, and who (1) is the occupier of the hereditament which consists of or includes the premises, or (2) is not the occupier of the hereditament which consists of or includes the premises but pays the rates chargeable in respect of the hereditament for the rebate period concerned, and is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there, or (3) is not occupier of the hereditament which consists of or includes the premises, but make payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 173, p. 196....
Land
Land, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehend-ing every species of ground, soil or earth, whatso-ever, as meadows, pastures, woods, moors, waters, marshes, furze and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum ejus est altum. See Co. Litt. 4 a.In an (English) Act of Parliament passed after 1850 'land' includes messuages, tenements and hereditaments, houses, and buildings of any tenure, Interpretation Act, 1889, s. 3. By the Law of Property Act,1925, s. 205(1)(ix.), 'land' for the purposes of the Act includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether th...
Seisin, Livery of
Seisin, Livery of, formal delivery of possession, called by the Feudists investiture of a fee or feudal estate. Applicable to corporeal hereditaments while incorporeal hereditaments such as a remainder or easement were conveyed by writing under seal. After the Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 2, all corporeal hereditaments might be conveyed by deed, and now by the Law of Property Act, 1925, s. 25, conveyance by livery of seisin has been abolished. See FEOFFMENT....
Valuation list
Valuation list. By the (English) Rating and Valuation Act, 1925, in England outside the county of London, a list of all the rateable hereditaments in a rating area (and not in a parish) is to be prepared by the rating authority, i.e., the council of every county, borough, or urban and rural district to whom all powers of the overseers of the poor in regard to the levying and collection of rates were transferred by s. 1 of the (English) R. and V. Act, 1925, for the purposes of a general rate. A draft list is drawn up after requiring returns from the owner, occupier or lessee of every hereditament in the area. The draft list is revised by the assessment committee appointed by the rating authority for the area and is then transmitted to the rating authority, by whom it is deposited for public inspection at the office of the authority. Appeals may be made within twenty-five days from the date of deposit, and the lists are quinquennial and conclusive evidence of the value of the hereditamen...
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