Hereditament Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Hereditament, written in plain English, along with examples of how it is used.
What is Hereditament?
(n) Hereditament is the condition or state of a property which is transferable by inheritance to the legal heirs of the owner of the property.
History and Definition of Hereditament
Hereditament is a legal term that refers to any property, right or interest that can be inherited. The term has a long history and was originally used in English common law to describe the type of property that could be inherited. Over time, the definition of hereditament has been expanded to include a wide variety of property rights that can be passed on to heirs.
In modern legal usage, hereditament refers to any asset or property that forms part of an estate and that can be passed down to the legal heirs of the owner. This includes land, buildings, personal property, businesses, shares, and other types of assets. The term is commonly used in both common law and civil law jurisdictions worldwide.
Examples of Hereditament
- John inherited his family's farm, which was considered a hereditament according to local law.
- When Mary's mother passed away, she inherited her mother's shares in a publicly traded company, which were considered to be a hereditament.
- In their divorce settlement, Tom and Sarah agreed to divide their joint assets, which included several hereditaments, such as their house and their investment portfolio.
Legal Terms Similar to Hereditament
- Intestate: When a person dies without leaving a valid will, their assets are distributed according to laws of intestate succession.
- Estate: Refers to the total value of a person's assets, including their hereditaments and any other property or assets.
- Bequest: A gift of personal property made in a will, which can include hereditaments among other assets.