Maxim 5.6.31
An inheritance is either corporeal or incorporeal. Corporeal is that which can be touched and seen; incorporeal, that which can neither be touched nor seen.
Source: Co. Litt. 9; Weisman, 58m
Explanation
(English-origin maxim.) Inheritance extends to both tangible and intangible property — land and goods are corporeal, while rights, titles, and easements are incorporeal.
Where this applies
- An estate includes both land you can walk on and intangible rights like easements, and both must be distributed.
- A dispute arises over whether an intangible right, such as a right of way, passes to the heir.
Cite this maxim
NeCede Max. 5.6.31 — An inheritance is either corporeal or incorporeal. Corporeal is that which can be touched and seen; incorporeal, that which can neither be touched nor seen. — Co. Litt. 9; Weisman, 58m
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