Hereditament, (həˈrɛdɪtəmənt) is a legal term used to describe any property that can be inherited. The word is derived from Latin "hereditamentum," and is spelled with a silent "h" at the beginning. The "e" before "r" is followed by "i," making it a common misspelling to reverse the two vowels. The "d" is also sometimes mistakenly replaced with a "t." Properly spelling hereditament is crucial for legal professionals working on inheritance and property laws.
Hereditament, derived from the Latin word "heredes" meaning "heir," refers to any property or incorporeal right capable of being inherited. It is a legal term used to describe all types of real or personal property that may pass on to an heir or successor upon the death of the owner. In broader terms, hereditament encompasses everything that can be owned or possessed and is capable of being inherited, ranging from tangible assets like land, buildings, and objects, to intangible assets like intellectual property rights, leases, and easements.
Hereditaments are typically subject to rules of descent and distribution, meaning that they can be assigned or transferred to a new owner, according to the governing laws of inheritance. These can include intestacy laws or specific provisions in a will. The term is often used within the context of property law, estate planning, and probate proceedings.
Hereditament acknowledges the notion of property being passed down through generations and highlights the importance of succession and inheritance rights. It encompasses the notion that certain rights and privileges associated with real or personal property can persist beyond an individual's lifetime, allowing for the intergenerational transfer of wealth and assets.
Any species of property that may be inherited.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "hereditament" has its roots in Latin and can be traced back to the Latin word "hereditamentum", which is derived from "heres" meaning "heir" and "dere" meaning "to give".
Latin "hereditamentum" was used in the legal sense to refer to property or an estate that could be inherited, typically passed down from one generation to the next. With time, the word "hereditament" was adopted into English and specifically used in legal contexts to describe any form of property or interest that can be inherited, such as land, buildings, or certain rights. It retains its original meaning as something inheritable or capable of being passed on as an inheritance.