That is incident which inseparably belongs to, connected with, or inherent in another thing, called the principal.

Explanation

(English-origin maxim.) An incident is something inseparably connected to or inherent in the principal thing — cite this definition to establish that a claimed right or obligation is truly incidental and therefore passes automatically with the principal.

Where this applies

• A buyer claims that the mineral rights beneath a property are incident to the surface estate; the court examines whether the mineral rights are truly inseparable from and inherent in the principal estate.
• A tenant argues that parking spaces in the building's garage are incident to the lease of the office suite; the court asks whether the parking is inseparably connected to the leased premises.
• A franchisor claims that the right to use its proprietary software is incident to the franchise agreement; the court determines whether the software access is truly inherent in the franchise or a separate license.