Let’s separate terms a little more.Originally Posted by motla68
Corporeal = Tangible, Incorporeal = Intangible, however there is a difference in application.
I am corporeal, flesh and blood and bone. I was first taught the distinction when accompanying a senior Compatriot as witness in filing of a Suit. He determined to Quiet Title his Corporeal Hereditaments. It took a bit of doing as the Clerk refused to accept the paperwork. The Clerk finally called the County Attorney for help in figuring out how to explain the papers were un-fileable.
The Atty. came in and looked over the Petition. He said “WHAT! You want to Quiet Title your BODY!!!”
My Compatriot says “Yes, I need to determine any superior Title or Right to my own Claim”. Atty. said “OK, file it”. Case ended with "failure to state a claim" and all that.
Point of the story, the terms ( In ) / Corporeal go originally to matters pertaining to people. ( In ) / Tangible to things.
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hereditament
Anything that can be passed by an individual to heirs.
There are two types of hereditaments: corporeal and incorporeal.
A corporeal hereditament is a permanent tangible object that can be seen and handled and is confined to the land. Materials, such as coal, timber, stone, or a house are common examples of this type of hereditament.
An incorporeal hereditament is an intangible right, which is not visible but is derived from real or Personal Property. An Easement is a classic example of this type of hereditament, since it is the right of one individual to use another's property and can be inherited.
hereditament n. any kind of property which can be inherited. This is old-fashioned language still found in some wills and deeds.
( Note : old-fashioned does not mean outdated or ineffective. Just trying to ridicule through sophistry to me.
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Hereditament
In law, a hereditament (from Lat. hereditare, to inherit, heres, heir) is any kind of property that can be inherited.
Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation" (Blackstone, Commentaries). An example of a corporeal hereditament is land held in freehold.
Examples of incorporeal hereditaments are: hereditary titles of honor or dignity, heritable titles of office, coats of arms, Prescriptive Barony, rights of way, tithes, advowsons, pensions, annuities, rents, franchises, etc. The term is still used in the phrase "lands, tenements and hereditaments" to describe property in land, as distinguished from goods and chattels or movable property.
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Hope this helps to clarify and sharpen the points presented.
Peace, TG
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