The Incorporeal Rights are the ones that a person cannot touch or see. Such rights are very important since without these one cannot claim the ownership of a right. On the other hand, there are corporeal rights that are capable of being seen and touched.
Incorporeal rights are intangible property that is completely enforceable by law. Such rights create ownership of various intangible properties like copyrights, easements, right-of-way, licenses, and others.
Incorporeal Rights have a pivotal role in real estate since elementary right comes within the purview of the rights. In terms of real estate, when a property is purchased by an individual the easement rights by default arise out of such land. The right to air, the right to build, the right to the uninterrupted flow of water, and the right to light are the Incorporeal rights that one must enjoy. However, the land that is purchased from which the incorporeal rights are arising is indeed a corporeal right.
Some of the key features of Intangible Rights are as discussed below:
Intangible in nature: People around are well aware of the fact that Incorporeal rights are intangible since such rights cannot be touched and seen. Many a time people come up with the question of whether such rights hold even any kind of validity or not. The answer is assertive. These rights are legally valid and create ownership of a right to the properties.
Transferable and heritable: There are misconceptions regarding transferability and heritability of Incorporeal rights. However, the Incorporeal rights are transferable and heritable certainly. The possession and ownership rights that accrue out of Incorporeal rights can be passed on from one person to another or from one generation to the other.
Enforceable at law: Incorporeal rights are legally valid as such rights are created and bound by law just like corporeal rights. Incorporeal rights are at large enforceable at law since any violations of such law will make the violating party answerable before the appropriate adjudicating institution.
Therefore, it is by now clear what value Incorporeal rights arising out of various kinds of properties have. In real estate, when purchasing of land takes place or transferring of the title of the property, people often are apprehensive whether such rights hold any good or not. One must always remember such rights are as good as corporeal rights and any violations in the eyes of law will lead to proper redressal of the problems.
