📜 What Are Hereditaments in Real Estate?

Hereditaments are any forms of property—physical or intangible—that can be inherited. In real estate, hereditaments include both land and attached structures as well as rights, interests, and benefits that transfer to heirs.

How Hereditaments Work

Hereditaments are part of the traditional legal classification of property. They include anything that can be passed to heirs upon the owner’s death. This extends beyond physical land and buildings to include certain rights associated with real property.

There are two main types of hereditaments:

  • Corporeal Hereditaments: Physical, tangible property such as land, houses, and structures.
  • Incorporeal Hereditaments: Intangible rights tied to property, such as easements, profits, and certain legal interests.

These classifications still influence modern real estate law, especially regarding ownership rights, inheritability, and property transfer.

Why Hereditaments Matter in Real Estate

Understanding hereditaments helps clarify:

  • What property rights transfer to heirs
  • The difference between physical property and inheritable rights
  • How easements and appurtenant rights pass to new owners
  • What interests are included in a deed or title
  • The legal concept of the “bundle of rights”

Modern property law still relies on these distinctions when determining ownership, inheritance, and the transfer of rights.

Examples of Hereditaments

Corporeal Hereditaments (Tangible):

  • Land and soil
  • Homes, buildings, or attached structures
  • Permanently installed fixtures

Incorporeal Hereditaments (Intangible):

  • Easements (right of way)
  • Profits-à-prendre (rights to remove resources)
  • Certain water rights
  • Future interests or remainders

All of these may legally pass to heirs, making them part of the real property estate.

Why Hereditaments Matter for FSBO Sellers

  • Clarifies what property rights transfer to buyers
  • Helps sellers understand which rights are included in the sale
  • Ensures easements and other inheritable rights are disclosed properly
  • Strengthens listing accuracy for legally complex properties

Knowing what rights are inheritable helps FSBO sellers avoid legal disputes and communicate property details clearly.

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