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Nature of Incorporeal Rights/Hereditaments


Incorporeal Rights/Hereditaments
Hereditaments are of two kinds: corporeal and incorporeal. Corporeal hereditaments consist of such that affect the senses, such as may be seen and handled by the body. Corporeal hereditaments consist of substantial and permanent objects. A corporeal hereditament is the thing itself which is the subject of the right; an incorporeal hereditament is not the subject of the right, but the right itself.
Incorporeal hereditaments are not the object of sensation, can neither be seen nor handled; are creations of the mind and exists only in contemplation. An incorporeal hereditament is an inheritable and transferable right existing on land. An Incorporeal hereditament is that thing which has no physical existence but capable of being owned or possessed.
Therefore, incorporeal hereditaments will include rights on land though not capable of physical existence or possession but actually existing and capable of being enforced in law. The rights accrue to a person by virtue of the ownership of land. Such rights like easements, profit or rents will qualify under this category. By easements we mean for instance, a right to walk across someone else’s land and by profits we mean for instance, a right to enjoy or take away something like sand, from the land of another.
In Okunzun v. Amosu (1992) 6 NWLR (Pt. 258) 416, the Supreme Court defined easement as a right annexed to land which entitles the owner to enjoy and utilize land owned by another person in a particular manner and it may sometimes give additional rights to prevent the owners of a dominant easement from utilizing his own land in a particular manner. Conversely, profit is the right to enjoy certain benefits from the land of another; for example, the right to pluck coconut or wild fruit or hunt on the land of another. It may sometimes include the right to dig sand or gravel from the land of another.
The law in this area recognized circumstances under which an individual may establish and enforce a right in relation to the land of another person without being in possession of that land. Upon transmission of the land during inheritance, these incorporeal rights are also transmitted or inherited; hence they are sometimes referred to as Incorporeal Hereditaments.


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