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NeCede's

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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