PRINCIPLES OF THE LAW OF REAL PROPERTY

BOOK THE FIRST. OF REAL PROPERTY.

OF REAL PROPERTY; and first, of CORPOREAL

[ 16 ] HEREDITAMENTS. Pg 31

The objects of dominion or property are things, as contradistinguished from persons : and things are by the law of. England distributed into two kinds; things real, and personal. things personal. Things real are such as are permanent, fixed, and immoveable, which cannot be carried out of their place ; as lands and tenements : things personal are goods, money, and all other moveables; which may attend the owner's person wherever he thinks proper to go.

In treating of things real, the subject of the present work, let us consider, first, their several sorts or kinds ; secondly, the tenures by which they may be holden ; thirdly, the estates which may be had in them ; and, fourthly, the title to them, and the manner of acquiring and losing it.

First, with regard to their several sorts or kinds, things Things real real are usually said to consist in lands, tenements, or hereditaments. Land comprehends all things of a permanent, substantial nature ; being a word of a very extensive signification, as will presently appear more at large. Tenement is a word of still greater extent, and though in its vulgar acceptation is only applied to houses and other buildings, yet in its original, proper, and legal sense, it [ 17 ] signifies every thing that may be holden,provided it be of a permanent nature ; whether it be of a substantial and sensible^ or of an unsubstantial ideal kind. Thus liberum tenementum, franktenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, and the like;^ and, as lands and houses are tenements, so is an advowson a tenement ; and a franchise, an office, a right of common, a peerage, or other property of the like unsubstantial kind, are, all of them, legally speaking, tenements. But an hereditament, says Sir Edward Coke, is by much the largest and most comprehensive expression : for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal, or incorporeal, real, personal, or mixed. Thus an heir-loom, or implement of furniture which by custom descends to the heir together with an house, is neither land, nor tenement, but a mere moveable : yet, being in- heritable, is comprised under the general word hereditament: and so a condition, the benefit of which may descend to a man from his ancestor, is also an hereditament.

Hereditaments then, to use the largest expression, are of two kinds, corporeal and incorporeal. Corporeal consist of such as affect the senses ; such as may be seen and handled by the body : incorporeal are not the object of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation.

Corporeal hereditaments consist wholly of substantial permanent objects ; all which may be comprehended consist. under the general denomination of land only. For landy says Sir Edward Coke, comprehendeth in its legal signification any ground, soil, or earth whatsoever ; as arable, meadows, pastures, woods, moors, waters, marshes, furzes, and heath. It legally includeth also all castles, houses, and other buildings : for they consist, saith he, of two things ; Land ; its land, which is the foundation, and structure thereupon : SO that, if I convey the land or ground, the structure or building passeth therewith. It is observable that water is here mentioned as a species of land,

OF INCORPOREAL HEREDITAMENTS

An incorporeal hereditament is a Right issuing: out of a thing Corporate (whether real or personal) or concerning, or annexed to, or exercisible within, the same.^ It is not the thing corporate itself, which may consist in lands, houses, jewels, or the like ; but something collateral thereto, as a rent issuing out of those lands or houses, or an office relating to those jewels.

Incorporeal hereditaments are principally of ten sorts ; Of ten sorts, advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities, and rents

Source

PRINCIPLES OF THE LAW OF REAL PROPERTY. BOOK THE FIRST. OF REAL PROPERTY.


OF REAL PROPERTY; and first, of CORPOREAL [ 16 ] HEREDITAMENTS. Pg 31

The objects of dominion or property are things, as contradistinguished from persons : and things are by the law of. England distributed into two kinds; things real, and personal. things personal. Things real are such as are permanent, fixed, and immoveable, which cannot be carried out of their place ; as lands and tenements : things personal are goods, money, and all other moveables; which may attend the owner's person wherever he thinks proper to go.

In treating of things real, the subject of the present work, let us consider, first, their several sorts or kinds ; secondly, the tenures by which they may be holden ; thirdly, the estates which may be had in them ; and, fourthly, the title to them, and the manner of acquiring and losing it.

First, with regard to their several sorts or kinds, things Things real real are usually said to consist in lands, tenements, or hereditaments. Land comprehends all things of a permanent, substantial nature ; being a word of a very extensive signification, as will presently appear more at large.

Tenement is a word of still greater extent, and though in its vulgar acceptation is only applied to houses and other buildings, yet in its original, proper, and legal sense, it [ 17 ] signifies every thing that may be holden,provided it be of a permanent nature ; whether it be of a substantial and sensible^ or of an unsubstantial ideal kind. Thus liberum tenementum, franktenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, and the like;^ and, as lands and houses are tenements, so is an advowson a tenement ; and a franchise, an office, a right of common, a peerage, or other property of the like unsubstantial kind, are, all of them, legally speaking, tenements.

But an hereditament, says Sir Edward Coke, is by much the largest and most comprehensive expression : for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal, or incorporeal, real, personal, or mixed.

Municipal Jurisdictions

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