NCEES Principles and Practice of Surveying Practice Exam

What distinguishes an incorporeal hereditament?

1. It has a material form

2. It cannot be devised

3. It does not have a material form

4. It is always attached to corporeal property

The correct answer is: It does not have a material form

An incorporeal hereditament is a type of property that does not have a physical or material form. This concept is primarily found in property law, where it refers to rights or privileges associated with real property rather than tangible assets. An example of an incorporeal hereditament could be an easement, which grants someone the right to use another's property for a specific purpose. Because it is a right or privilege rather than a physical entity, it exists only in legal terms and is recognized through documentation and statutes rather than through physical possession. On the other hand, options regarding having a material form or being attached to corporeal property describe characteristics of corporeal hereditaments, which are tangible pieces of property like land and buildings. The inability to be devised pertains to certain types of properties; however, incorporeal hereditaments can usually be transferred or devised in a will, as they represent rights associated with the property. Overall, the essential characteristic of incorporeal hereditaments lies in their lack of a physical form, setting them apart from corporeal property.