A common appurtenant is a legal term used to describe a right or privilege that is attached to a piece of real property and benefits the property owner. This right or privilege is typically associated with the use of a neighbouring property, such as a right of way or easement. Common appurtenants are often created through a deed or other legal instrument and are considered to be a part of the property to which they are attached. These rights are typically transferred with the property and are subject to certain legal restrictions and requirements.
An appurtenant is a legal term used to describe a right or privilege that is attached to a piece of real property and transfers with the property when it is sold.
Common examples of appurtenant rights include easements for access, utilities, or drainage, as well as rights to use a shared driveway or common area.
Appurtenant rights are typically created through a written agreement, such as a deed or easement, and are recorded in the public land records.
In most cases, appurtenant rights cannot be transferred separately from the property to which they are attached. They are considered to be part of the property and transfer with it when it is sold.
An appurtenant right is attached to a specific piece of property, while an in gross easement is a personal right that is not tied to any specific property.
Appurtenant rights can be terminated if the conditions under which they were created are no longer met, or if the parties involved agree to terminate them.
Appurtenant rights can be modified or expanded through a written agreement between the parties involved, such as an amendment to the original easement agreement.
Legal issues related to appurtenant rights can include disputes over the scope of the rights, interference with the rights, or failure to maintain the property subject to the rights.
Appurtenant rights do not typically expire over time, as long as the conditions under which they were created continue to be met. However, they can be extinguished through legal action or by agreement of the parties involved.
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: 5th April 2024.
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