What Are Incorporeal Rights?

Incorporeal rights are rights to property that can't be seen or touched but are still enforceable by law. Generally, incorporeal rights pertain to intangible property such as copyrights, licenses, rights-of-way, and 澳洲幸运5开奖号码历史查询:easements. Incorporeal rights are also known as int🔴angible rights, and incorporeal property is also called intangible property.

How Incorporeal Rights Work

Unl🗹ike real property that can be physically quantified, intangible property is conceptual in nature. However, the rights associated with the intangible property—the incorporeal rights—are just as valid as the rights associated with reಌal property.

Although the rights to tangible property, such as real and personal pro꧙perty, e.g., land and equipment, are corporeal rights, there can be incor꧙poreal rights that pertain to such property (e.g., easements or rights of inheritance).

There are two types of intangible property: pure intangibles and documentary intangibles. Pure intangibles include things such as debts and intellectual property rights. Documentary intangibles include assets tied to documents, such as bills of landing or promissory notes. However, thanks to the rise of technology and electronic docume⛎nts, the distinction bet๊ween pure and documentary intangibles is less distinct. 

Special Considerations

In general, incorporeal rights give the owner a set of legally enforceable claims, either over tangible property or over the ownership of intangible property. For example, an author who holds 澳洲幸运5开奖号码历史查询:copyright of their work has the incorporeal right to control when and how t𝓡ha🐓t work can be reproduced. 

However, the author does not have tangible rights over the finished book. The reader who buys that book also buys tangible or corporeal rights over the physical book as a piece of personal property that can be bought, sold, or destroyed at the owner's discretion. In this way, incorporeal rights are different from the corporeal rights over the property carrying those incorporeal rights.

Just like other rights, incorporeal rights are transferable and inheritable. Intangib𝓰le property can be sold, traded, willed, or given. The rights associated with the intangible property will transfer along with the intangible property.

Types of Incorporeal Rights

There are generally two kinds of incorporeal rights. First is jura in re aliena, or 澳洲幸运5开奖号码历史查询:encumbrances, which include incorporeal rights over corporeal things. Such rights can include leases, easements, rights-of-way, 澳洲幸运5开奖号码历史查询:mortgages, and servitudes. In this way, one can have incorporeal (or intangible) rights over a corporeal (or🌃 ta𒊎ngible) property, such as in the right to quiet enjoyment of a property that is conferred with a valid lease agreement.

The second kind of incorporeal right is jura in re propria, which refers to the ownership of intangible property. This type of right includes trademarks, copyrights, patents, and other types of 澳洲幸运5开奖号码历史查询:intellectual property. In this way, one can have full own🅘ership of property that is incorporeal (or intangible) and does not have a physical presence.