97. Leases of incorporeal hereditaments.

Where an incorporeal hereditament (such as a right of common or sporting right) is appurtenant to a corporeal hereditament1, it passes under a demise of the corporeal hereditament, however made; therefore, where a lease of such a corporeal hereditament can be made orally, it is effectual as regards the incorporeal hereditament2. Where, however, an incorporeal hereditament is demised by itself, or together with land to which it is not appurtenant, then, in order validly to demise the incorporeal hereditament at law, the lease must be made by deed3. Where the incorporeal hereditament is demised with land to which it