“Appurtenant” is a legal term used to describe something that is attached to or belongs to another property as an inherent part of it. In real estate law, an appurtenant easement, for example, is a right to use someone else’s property for a specific purpose, such as accessing a neighbouring property or using a shared driveway, and is considered to be a part of the property to which it is attached. Similarly, appurtenant fixtures are improvements or additions to real property that are considered part of the property itself, such as built-in appliances or permanent structures. The term “appurtenant” is used to indicate the close connection or relationship between two properties or items, with one being dependent or subordinate to the other.
Appurtenant (adjective):
1. Belonging or connected to something as a supplementary or secondary part.
2. Relating to an accessory or additional item that is associated with a main property or object.
3. In legal terms, referring to a right or privilege that is attached to a specific property and cannot be separated from it.
4. Pertaining to a person or thing that is considered to be an inherent or inseparable part of something else.
5. Describing a relationship or connection that is dependent on or supportive of another entity or concept.
adj. pertaining to something that attaches. In real property law this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbour’s parcel, or a covenant (agreement) against blocking the neighbour’s view. Thus, there are references to appurtenant easement or appurtenant covenant.
Appurtenant refers to something that is attached to or belongs to another property. In legal terms, it typically refers to an easement or other right that is attached to a piece of land and benefits the land in some way. These rights are considered to be appurtenant to the land and are transferred with the land when it is sold or conveyed to a new owner. Appurtenant rights are often documented in the property’s deed or other legal documents.
In legal terms, “appurtenant” refers to something that is attached or belongs to another property as a right or privilege.
Some examples of things that can be appurtenant to property are easements, rights-of-way, water rights, mineral rights, and any other rights or privileges that are attached to and benefit the property.
An appurtenant easement is a right-of-way or other usage right that is attached to one property (the dominant tenement) and benefits another property (the servient tenement), such as a right to cross over a neighbour’s land to access a public road.
Appurtenance specifically refers to rights or privileges that are attached to property and benefit it, while something that simply “belongs” to property may not necessarily be connected in the same legal sense.
In many cases, appurtenant rights are considered to run with the land and cannot be separated from the property to which they are attached. However, there may be exceptions depending on the specific circumstances and applicable laws.
Appurtenant rights are typically created through legal instruments such as deeds, easement agreements, or court orders. They may also arise through prescription or long-standing custom.
Appurtenant rights generally transfer with the property when it is sold or conveyed to a new owner, unless otherwise specified in the transfer documents or by agreement between the parties involved.
Appurtenant rights may be terminated or extinguished under certain circumstances, such as through abandonment, mutual agreement, expiration of a specified term, or court order.
Appurtenant rights are generally protected by law, and owners of such rights have the legal right to enforce and defend them against interference or infringement by others.
Determining whether a right is appurtenant to a property often requires a review of property records, title documents, and legal descriptions, as well as consultation with legal professionals or real estate experts familiar with the property and applicable laws.
Q: What does the term “appurtenant” mean?
A: Appurtenant refers to something that is attached or belongs to something else. In legal terms, it often refers to a property or right that is connected or related to another property.
Q: What are some examples of appurtenant rights?
A: Examples of appurtenant rights include easements, which grant someone the right to use another person’s property for a specific purpose (such as accessing a neighboring property), and water rights, which allow the use of water from a specific source for a particular property.
Q: How are appurtenant rights created?
A: Appurtenant rights are typically created through legal agreements, such as easement agreements or water rights allocations. These agreements are usually recorded in public records and may require the consent of all parties involved.
Q: Can appurtenant rights be transferred or sold?
A: Yes, appurtenant rights can be transferred or sold separately from the property they are attached to. However, the transfer or sale of appurtenant rights may be subject to certain restrictions or conditions outlined in the original agreement or applicable laws.
Q: What is the difference between appurtenant and in gross rights?
A: Appurtenant rights are attached to a specific property and benefit the property owner, while in gross rights are not tied to any specific property and benefit an individual or entity directly. For example, an easement appurtenant benefits the owner of the dominant property, while an easement in gross benefits a specific person or organisation.
Q: Can appurtenant rights be terminated?
A: Appurtenant rights can be terminated under certain circumstances. For example, if the purpose for which the appurtenant right was created no longer exists, or if the owner of the dominant property releases the appurtenant right voluntarily. Additionally, appurtenant rights may be terminated through legal action if there is a breach of the terms outlined in the agreement.
Q: Are appurtenant rights permanent?
A: Appurtenant rights can be permanent if they are created with no expiration date or termination conditions. However, some appurtenant rights may have a specific duration or may be subject to termination under certain circumstances, as outlined in the agreement or applicable laws.
Q: How can I determine if a property has any appurtenant rights?
A: To determine if a property has any appurtenant rights, you can review the property’s title deed, which may include information about
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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