What are Appurtenances?
Appurtenances are rights, privileges, or improvements that belong to and pass with a property when it's sold. They're legally attached to the real estate and transfer automatically to the new owner unless specifically excluded in the sale agreement.
These can include physical items like fences, driveways, and fixtures, as well as intangible rights such as easements, water rights, or air rights. Essentially, appurtenances are anything that "runs with the land" and enhances its use or value.
How Appurtenances Work
Appurtenances function under the legal principle that certain property elements are permanently connected to the land. When ownership transfers, these elements automatically convey to the buyer without requiring separate documentation.
The key is that appurtenances are considered inseparable from the property itself. For example, if a property has an easement allowing access to a shared driveway, that right doesn't belong to the individual owner—it belongs to the property. Whoever owns the land inherits that access right.
This automatic transfer happens because appurtenances are deemed essential to the property's full enjoyment and functionality. Courts generally recognize them as part of the property's legal bundle of rights.
Real-World Application of Appurtenances in Real Estate
In real estate transactions, appurtenances commonly include items like attached garage doors, built-in appliances, landscaping, irrigation systems, and outdoor structures such as sheds or gazebos. These physical improvements remain with the property upon sale.
Intangible appurtenances also play a significant role. A property with mineral rights, for instance, transfers those rights to the buyer. Similarly, if a lot has an easement granting access across a neighbor's land to reach a public road, that easement transfers automatically.
Water rights in certain regions represent another critical example. In areas where water access is limited, the right to draw from a well or canal is an appurtenance that substantially affects property value and usability.
How Appurtenances Are Used
Buyers and sellers rely on appurtenances to understand exactly what's included in a real estate transaction. During negotiations, parties typically clarify which items are fixtures (appurtenances) and which are personal property that the seller may remove.
Title companies and real estate attorneys examine appurtenances during the due diligence process to ensure all rights and improvements are properly documented and will transfer cleanly. This examination protects buyers from surprises after closing.
Additionally, appraisers consider appurtenances when determining property value. Features like easements, covenants, or permanent structures directly influence market price and must be accurately assessed.
In Other Words
Think of appurtenances as everything that makes the property complete—the extras that stick with the land rather than with the person. They're the "comes with" items that you can't separate from the real estate itself.
Whether it's a right-of-way across neighboring land or a permanently installed fence, appurtenances ensure that properties maintain their full functionality and value as they change hands from one owner to the next.
