The true distinction between corporeal and incorporeal hereditaments has been quoted as follows: 'While the term 'incorporeal' is still employed to designate certain kinds of real property of an invisible or intangible nature, yet its original and early significance has wholly disappeared. The test or distinction between corporeal and incorporeal property, as these terms were used at common law, lay in the fact of susceptibility of actual delivery, and such things as were incapable of same, because of their intangible nature, were denominated incorporeal. Being incapable of an actual delivery, they could be transferred or conveyed only by grant or deed; hence incorporeal property was said to lie in grant, while corporeal property, or such as admitted of some manual and visible act of delivery, was said to lie in livery."14

11 Coke's Institutes, Vol. I,page219.

12 Id. 13 Id.

The ten important species of incorporeal hereditaments at common law were as follows: adowsons, tithes, commons, ways, offices, dignities, corodies, annuities, franchises, and rents.

The only incorporeal hereditament recognized in this country at the present time, is that of right of way.