The world of Real Estate is big, so is the terms related to it are comprehensive and diverse. In such circumstances, this term Appurtenance has a huge importance and impact on the Real Estate industry and the transactions related to it. Since under Property law, property ownership is not just confined to a mere possession of a piece or parcel of a land or a building, this term Appurtenance plays a critical role in defining the scope of the property transfer and the rights associated with the property ownership. As a student of Real Estate law, one must be aware of the concept of “Appurtenances” should be conversant with what rights, benefits and limitations come along with a property in the form of Appurtenances.
The term Appurtenance means anything that is attached to the land and transferred along with it. So, when we buy and sell Real Estate, the Land is the basic Real Estate and anything tangible or intangible that is transferred along with it is referred to as Appurtenance.
Definition of Appurtenance
Glossary Definition of the term Appurtenance says –
Appurtenance means and includes – Rights, conditions, or restrictions that are associated with the property (as opposed to the individual who owns the property) will pass from owner to owner when the land is conveyed. Also known as Runs with the Land.
So, we have a little picture here and let’s have a couple of questions at the things in that picture, that house there, real or personal property? Of course! it is Real Property, so it is an appurtenance. If the land is sold, the house is sold how about the trees behind it? They are real property so again that is an appurtenance. How about those cows? well, they are Personal Property, so they would not be an appurtenance. How about that mine in the background? It is Real Estate, those mineral rights are real property, intangible but they are real property therefore an appurtenance. Next, in the background, there is a field of crops surrounded by a fence that field of crops, real or personal property? It is personal property, and it is not real property so it is not an appurtenance but the fence around it would be an appurtenance and how about the water? well water and water rights are real property so that would be an appurtenance as well.
Let’s take just a quick look and name a number of these appurtenances, the trees and all the other plants they are appurtenances, the house and other buildings are appurtenances, the fences and any other improvements the water or water rights, the coal or mineral rights, the air rights, the right to lease the property, the right to sell the property of course and the last one is the right to will the property. Your right to pass your property along to your heirs is a very important right. In fact, nobody would be willing to buy property if he does not have the ability to will it. So, all of these taken together plus many more that are not listed here are referred to as the Bundle of Rights and they are all appurtenances to Real Property, and it is something that is attached to the land. It could be tangible or intangible and that would be transferred along with the land.
Types of Appurtenances in Real Estate –
There are different categories of Appurtenances depending upon the distinct rights and responsibilities. Some of the common Appurtenances include –
1. Easements – An Easement is benefit and a legal right be held by the owner of the property on another’s property. This benefit is allowing limited use of another’s property to the person whose property needs such a benefit, so that the ownership rights of such person can be protected. Being one of the most common appurtenances, easements can affect the properties in numerous ways – For example:
Easements for Right of Way: It has been commonly seen, especially in the rural areas, that there exists a single road to enter into multiple properties, many times this road may even passes through another’s land and the owner of such land cannot deny the passage of people through his land since the road which passes through his land is for common passage is benefit to the other properties owners who have the to their land through this common road passing through the former land owner. This common passage or road on someone’s land can be understood as an Easement for Right of Way.
Easements of Utility: It is a common understanding that whenever any utility provider enters in our neighborhood for repair and maintenance, then we have to allow him to access to the premises where he has to work. Depending upon the circumstances and the privacy of the people living in neighborhood, the utility companies including power cables, gas lines and water lines, such utility provider companies have the right to access on private property for better performing their functions. Such kinds of rights of these utility companies can be considered as Easement of Utility.
Prescriptive Easements: These are the Easements which did not exist for necessity in the beginning but over a period and because of the ignorance of the owner of the property, a significant part of such owner’s property has been in use of another person for the benefit and enjoyment of his property or has been in common usage, then such use of property without its owner’s permission for a long enough period eventually gains a legal right to continue such use.
Easements are mostly related to land and are kind of a permanent appurtenances which remain with the land. Easements are beneficial since they provide accessibility or utility services and are many times disadvantageous because they impose the restrictions on how the property can be use.
2. Water Rights – Water Rights refer to the right appurtenant to the property to use water from a river, lake, or stream that is adjoining to his property. Water Rights become extremely necessary in the regions where the access to the water is essential for land use say particularly in rural and agricultural land areas. Water Rights are again every essential in arid regions where there is lack of access to water sources.
3. Air Rights – Land as an immovable property not just include the piece and parcel of land but the ground beneath the surface of the earth and also the column of air of the surface of the earth. Air rights are the rights appurtenant with the ownership of the land of the air column above land’s surface. These rights are however subject to the local laws which can restrict these rights. These are the rights appurtenant to the land which have a great significance in Urban Areas where land is a premium asset and an expensive property and so premium is the vertical space. These rights can be understood in the sense of the right of an owner of the land to build floors upon it up to the extent permitted by the local laws.
4. Mineral Rights – Mineral Rights refer to the right over a land to extract it and own the minerals present beneath its surface. Mineral Rights can be separated from the surface rights which are limited to the use of surface of the land. Minerals rights include the right to extract and own valuable resources like oil, gas, coal, or metals. The ownership of mineral rights significantly affects the value of a property. Mineral Rights are of critical consideration in regions more prone towards mineral deposits.
5. Structural Appurtenance – Appurtenances in the form of structures are the tangible appurtenances and they do enhance the utility and value of the property significantly. Structural Appurtenances may include:
Fences and Gates: Fences and Gates enhance the security of the property and help in protecting the privacy of the user of the property.
Pools, Sheds and Barns: Having the facility of the swimming pool, well, sheds and Barns etc., or any other similar structures add utility to the property for they are beneficial for the enjoyment of the user of the property.
Garages and Carports: A detached garage or a car parking space or carport is an appurtenance in the building because it is not the main part of the building but adds value to the property.
Structural Appurtenances have a significant impact on the market value of the property along with having to serve their functional purpose.
6. Appurtenances in the form of Fixtures: Fixtures are kind of a personal property which are fixed and have been attached to the land or permanently and thereby making them the part of the Real Property. Examples of such appurtenances include built-in appliances and air conditioning units, electrical fittings and cabinetry. On transfer of the Real Property, these permanently attached appurtenances are transferred along with the property.
I am a Commerce Graduate and Real Estate Consultant.