Talk:Hereditament

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)

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)

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)

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

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)