Appurtenance
An appurtenance is a right, privilege, or improvement that belongs to and passes with a property when it's sold. Appurtenances can be physical items permanently attached to the property (like built-in appliances, fences, or irrigation systems) or intangible rights (such as easements, mineral rights, or air rights) that enhance the property's use and value.
Example
“The deed specified that the barn, well, and easement to the road were appurtenances that would transfer with the property.”
Memory Tip
Appurtenance sounds like 'a-PERTAIN-ance' - things that pertain to and belong with the property forever.
Why It Matters
Understanding what appurtenances convey with a property helps buyers know exactly what they're purchasing and can prevent disputes over what stays with the house versus what the seller takes.
Common Misconception
Many buyers assume all fixtures and improvements automatically convey with the property.
In Practice
When David bought his new home, the custom-built deck and permanently installed hot tub were considered appurtenances and automatically included in the sale, but the detached storage shed was specifically excluded in the purchase contract and removed by the seller.
Etymology
From Latin 'appertinere' meaning 'to belong to,' used in medieval times to describe rights that were permanently attached to land ownership.
Common Misspellings
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