Legal Definitions - lands, tenements, and hereditaments

The phrase lands, tenements, and hereditaments is a traditional legal term used to comprehensively describe all forms of real property. Essentially, it refers to everything that can be considered real estate, including not only the physical ground but also any permanent structures built on it, and all associated rights and interests that can be owned, possessed, and passed down through inheritance.

• Lands: This refers to the physical ground itself, including everything below the surface (like minerals) and the airspace above it.

• Tenements: This encompasses anything that can be "held" or owned in connection with land. It includes not just the land but also buildings, apartments, or other structures permanently attached to the land, implying a right to possess them.

• Hereditaments: This is the broadest part, referring to anything that can be inherited. It covers both tangible items like land and buildings (known as "corporeal hereditaments") and intangible rights associated with land, such as easements (rights of way) or mineral rights (known as "incorporeal hereditaments").

Together, these terms ensure that all aspects of real estate, whether physical or based on rights, are included when property is transferred, inherited, or discussed in legal documents.

Examples:

• Example 1: Selling a Family Home
  Imagine a family selling their long-held property, which includes a house, the plot of land it sits on, and a specific right to use a shared access road that crosses a neighbor's property. In the past, the legal deed transferring ownership to the new buyers might have used the phrase "lands, tenements, and hereditaments."

  How it illustrates the term: The "lands" refer to the physical plot of ground. The "tenements" include the house and any other permanent structures on the property. The "hereditaments" would encompass the right to use the shared access road, as this is an intangible right associated with the land that can be inherited or transferred.

• Example 2: Drafting a Will for an Estate
  An individual with a substantial estate, including a large ranch with a main house, several outbuildings, and water rights from a nearby river, is drafting their will. To ensure all aspects of their real estate are clearly passed to their heirs, their lawyer might use the traditional phrase.

  How it illustrates the term: The "lands" refer to the vast acreage of the ranch. The "tenements" include the main house, barns, and other permanent structures. The "hereditaments" would specifically cover the valuable water rights, which are intangible rights tied to the land that can be inherited.

• Example 3: A Commercial Property Lease
  A company enters into a long-term lease agreement for a downtown office building. The lease not only grants them the right to occupy the building but also includes exclusive rights to use a specific number of parking spaces in the underground garage and a rooftop area for a company sign.

  How it illustrates the term: While a lease grants temporary possession rather than full ownership, older or very comprehensive lease agreements might refer to the "lands, tenements, and hereditaments" being leased. Here, the "lands" would be the ground beneath the building, the "tenements" would be the office building itself, and the "hereditaments" would include the specific rights to the parking spaces and the rooftop area, as these are distinct, inheritable rights associated with the property.