real estate
Appurtenant
Belonging to; incident to; annexed to.
Appurtenant refers to something that is attached or belongs to something else, where the attached item is legally considered part of the primary property. In real estate law, when we say something is appurtenant, it means it's a right or property feature that comes with the ownership of the main property.
Here's a practical example: Let's say you're buying a house that has an easement allowing you to use a shared driveway across your neighbor's property to access your garage. That easement right is appurtenant to your property. It automatically transfers with the property when you buy it because it's legally attached to the ownership of that house.
Here are some common examples of appurtenant rights and features.
- Water rights for properties near streams or rivers
- Rights to use common areas in a condominium complex
- Built-in appliances that are permanently attached to the home
- Mineral rights that come with land ownership
- Assigned parking spaces in apartment complexes
Any appurtenant rights or features can significantly impact the property's value and usefulness. These rights and features "run with the land," meaning they transfer automatically to new owners unless explicitly excluded in the sale agreement.