What Is Appurtenance?

Appurtenance in real estate refers to rights or property components permanently attached to a primary asset. Once appurtenant, these elements enhance the property's value and are included during the sale or transfer.

Key Takeaways

Appurtenance is a legal concept referring to a permanent attachment that becomes a part of a property, such as a furnace or air conditioning unit.

In real estate, appurtenances include rights and improvements that are passed along with the sale of a property, becoming the legal property of what they are affixed to.

For an item to be considered appurtenant, its removal must cause significant damage, it must be permanently attached, and its addition must be permanent.

Understanding appurtenance is crucial for smoother real estate transactions as it clarifies which property elements are included in a sale.

The concept of appurtenance can also apply outside real estate, such as to items or privileges associated with wealth or status.

Appurtenance typically applies to permanent property rights or items included in a property's sale. An appurtenance is a real property, which is defined as being immovable or fixed to the land. In this case, appurtenances relate to the land.

Appurtenants grant the ownership of certain items to a person who owns the property in legal transactions, such as the sale or transfer of a property. For example, once a tenant installs a new water tank in their apartment, they may not be able to remove the appurtenance because it is often considered part of the property as a whole.

In the 1919 case of Cohen v. Whitcomb, the Supreme Court of Minnesota defined appurtenance as "That which belongs to something else. Something annexed to another thing more worthy." The case revolved around a debate about the ownership of a hot water heater installed at the property by the tenant. The lease stated that any repairs or improvements made by the tenant became part of the property and were, therefore, the landlord's property.

This can also include in-ground swimming pools, fences, or sheds that are all fixed to the land. The term can also be used to describe the acreage behind a home. This plot of land, or the backyard, is generally viewed as being part of the property—an appurtenance of the house. Appurtenances also include rights to natural resources found in the land, such as water, minerals, or oil, as well as improvements to the property and easements.

Important

Property rights are typically sold with the home and include appurtenances.

If you're still confused about what makes something appurtenant, this section tackles that topic. There are several requirements that something must fulfill in order to be considered an appurtenance. The following is a simple list of the criteria:

Permanence: When an improvement is made to a property, it must be considered a permanent addition. This is true for any addition, such as a heating system or swimming pool.

Method of Attachment: Improvements must be made using methods that are considered permanent. For instance, installing an in-ground swimming pool versus one that's above the ground. The installation of the latter may be considered temporary and not part of the property.

Removal: It is considered an appurtenance if the removal of the improvement or addition would cause significant damage to the property. What constitutes significant value depends on where you live and who you ask. In some cases, it may be up to a court to decide.

If you're unsure about any part of the property in a real estate sale or transaction, be sure to ask what is and isn't included. If the seller can't take something with them, there's a good chance it'll be included in the transfer.

An appurtenant easement lets one person use another's property for a specific purpose. For instance, a homeowner may allow their neighbor to use a walkway on their property to access a community park. In this case, the one who allows the easement is known as the servient tenement estate while the one given the limited purpose is called the dominant tenement estate. This is the property that benefits from the easement.

These easements may come in many different forms, including:

An easement of necessity. This type of easement occurs when land ownership is severed or divided between two or more owners.

Implied easements. This involves large pieces of land that are divided into smaller parcels. Despite the division, the rights of each tract of land remain the same.

Express easements, which is the most common. Created with a written deed or contract, this type of easement is sold to the owner of a neighboring property.

There is also what's called a prescriptive easement, which involves trespassing. The person doing the trespassing must do so openly and continually in order to claim an easement.

Fast Fact

Appurtenance can also be an object or privilege associated with status, title, or affluence.

Appurtenance is a very important concept that all property owners should understand. Few people fully do, so knowing its impact on real estate transactions is essential.

Most buyers look at properties and base their decisions on what to purchase and what to pass up based on certain characteristics. Remember, an appurtenant is something that is attached to or belongs to a piece of real estate. Some things naturally come with a home when you purchase it, such as doors, windows, kitchen cabinets, and the heating/cooling system. But there are other items that may not be included in the sale like window treatments that may not actually be installed.

You generally have a claim that something is appurtenant if the seller doesn't agree but it meets the requirements listed above—if it's considered a permanent part of the property, was installed using permanent methods, and its removal causes considerable property damage.

This is why it's always in your best interests to ask about what is and isn't included in your property. And if there is something you want to be included that isn't, be sure to add a clause in your contract so there's no problem in the future.

The idea of appurtenances also appears in psychology. Gestalt theory compares appurtenances to the belonging or interaction between two influencing factors like colors. The two fields of color may, in fact, be different. But the way they interact with one another may appear to the viewer that they should, in fact, belong together as one.

Appurtenances are also commonly used to describe people who belong to a specific country or region of the world. For example, someone from India may describe themselves as being desi, which means someone of the land. Similarly, an Israeli is someone who is from Israel, while the word American is used to describe someone from the United States.

People may make references to the appurtenances of wealth or celebrity. These often include sports cars, mansions, and designer clothing. These items are appurtenances because they are part of the celebrity's estate or image.

Understanding appurtenance is crucial in real estate transactions and property ownership, as it denotes permanent additions or improvements that legally become part of the property. Appurtenances, such as heating systems, swimming pools, and in-ground fixtures, must meet specific criteria like permanence and method of attachment while causing significant damage if removed. Appurtenant easements also play an important role, allowing limited use of property for specific purposes. To avoid disputes during property sales, buyers and sellers should clarify what appurtenances are included in the transfer and consider adding clauses in contracts for items of interest.