REAL PROPERTY

Dictionary of Science, Literature and Art · 1842 · p. 39
Real property is commonly said to consist in " lands, tenements, and hereditaments;" of which terms the last is, in fact, coextensive with the term real property itself, expre ing the same thing by the quality which the logicians would term its difference, viz. that it descends to the heir wherever held in perfect right: thus distinguished from all other speeies of full property, which, if po e ed in equally absolute right, descend to the executors or administrators of the party. Hereditaments, then, are either corporeal or incorporeal; the first being land and its visible adjuncts recognized by the law as appertaining to it, consisting principally of whatever is fixed thereon; the second, to follow Blackgtone's division, are chiefly ten, — advowsons, tithes, rights of common, rights of way, oflices, dignities, franchises, 1025 REASON. corodies (pensions charged on ecclesiastical property, now obsolete), annuities charged on land, and rents reserved out of lands and tenements. The quality of the property which the man may po e in those objects included under the term real (technically called his estate) may vary in tenure or in degree. See Freehold, Copyhold, Fee Simple, kc. [s. 1038]
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