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Hereditament

Something which can be inherited.

Any property or right which is capable of being passed on by inheritance.

In his 1923 A Dictionary of English Law (London: Sweet & Maxwell, p. 443-444), W. J. Byrne describes the term as follows:

"'Whatsoever,' says Coke, 'may be inherited is an hereditament'.

"In other words, when a right is of such a nature that on the death of its owner intestate it descends to his heir, it is a hereditament."

In Robert Megarry's The Law of Real Property (London: Stevens & Sons, 1975, p. 12), the author states that:

"'Hereditement' indicates property which descended to the heir on intestacy."

Hereditaments are corporeal (tangible) and incorporeal (intangible).

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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