Appurtenant

Appurtenant is a legal term used to describe something that is attached or belongs to something else, typically in the context of property rights. The concept is most commonly associated with the rights or items that are considered an inherent part of a property, and which pass with the property when it is sold.

Overview

Appurtenant items or rights are attached to the land and benefit the landowner, such as rights of way, water rights, and easements. These are typically considered to be "running with the land," meaning they are automatically transferred to new owners along with the title to the land.

Easements Appurtenant

An easement appurtenant is a type of easement that benefits a particular piece of land (known as the dominant tenement) and "runs with the land" when the land is transferred to a new owner. This contrasts with an easement in gross, which benefits an individual or entity rather than the land itself and does not necessarily transfer with the land.

For example, if a property owner has an easement appurtenant that allows them to use a neighbor's driveway to reach their home, this easement will remain in effect even if the property is sold. The new owner of the property will also benefit from the easement.

Legal Implications

The concept of appurtenance is important in real estate law as it affects the rights that are included with property ownership. Understanding what is or is not appurtenant to the property can influence the value of the property and determine usage rights.

Common Appurtenances

Common appurtenances include, but are not limited to:

• Rights of way
• Easements
• Water rights
• Mineral rights
• Air rights

See Also

• Property law
• Real estate
• Land ownership
• Easement
• Right of way