Appurtenance
An appurtenance is a right, privilege, or improvement permanently attached to a piece of land and transfers with the property when it is sold. These are considered part of the real property itself, even if they are not physically located on the land. The key characteristic is that an appurtenance “runs with the land,” meaning it benefits the land and is passed down from one owner to the next without needing to be separately mentioned in the deed.
Purpose and Function
The legal concept of an appurtenance defines the full bundle of rights and benefits that a property owner receives, ensuring that essential privileges are not lost during a transfer of ownership.
- Ensuring Utility and Value: Appurtenances function to preserve the usefulness and value of a property. For example, an easement for driveway access across a neighbor’s land is critical for a landlocked property and is considered an appurtenance.
- Defining Property Rights: The concept clarifies what is included in a property sale beyond just the land and the house. It encompasses both physical items, like a built-in swimming pool or permanent shed, and non-physical rights, like shared water rights from a community well.
- Providing Legal Clarity: By legally attaching certain rights and items to the land itself, the doctrine of appurtenance reduces ambiguity in property transfers. It establishes that these items are not personal property that the seller can take with them.
How It Is Used
In practice, appurtenances are identified through legal agreements, physical attachment, and their relationship to the land.
- Easements Appurtenant: This is a classic example. An easement that allows one property (the dominant estate) to use the land of another (the servient estate) for a specific purpose, such as for a sewer line or walkway, is an appurtenance to the dominant estate.
- Physical Improvements: Man-made additions fixed to the land are appurtenances. This includes buildings, fences, in-ground landscaping, and other structures considered permanent fixtures.
- Natural Rights: Certain rights inherent to land ownership are also appurtenances. These include rights to the air above the property (air rights) and, in some cases, the rights to the water flowing through or under it (riparian or water rights).
Importance in Real Estate Transactions
Understanding what constitutes an appurtenance is essential for accurately defining what is being bought and sold in a real estate transaction.
- Accurate Property Valuation: The value of a property is significantly influenced by its appurtenances. A property with a valuable easement for lake access is worth more than a similar property without one. Appraisers must consider these rights and improvements in their valuation.
- Title and Deed Clarity: During a transaction, the title search confirms the existence of appurtenant rights like easements. While the deed transfers the land, it implicitly transfers all appurtenances, protecting the buyer’s right to their continued use.
Avoiding Disputes: A clear understanding between buyer and seller about which items are appurtenances versus which are personal property can prevent disputes at closing. For example, confirming that a custom-built garden shed is a permanent fixture and thus an appurtenance avoids confusion over whether the seller can remove it.
