Hereditament

Incorporeal Hereditament

From the book The Clergyman’s Hand-book of Law, about Incorporeal Hereditament (1): The English title in a pew is in the nature of a right of way through another’s land; it is an incorporeal hereditament. In the absence of express law, the title to pews in this country is said to be in the nature of real estate, and in fact not very different from the English title.425 In some States the title is made personal property by statute.426 And in others the courts have inquired into the law of the church and adjudged the title accordingly.427 The general rule is that the owner of a pew simply has an easement.428

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church