Appurtenant Definition

Appurtenant means belonging to or associated with something else. An appurtenance is a related right, privilege or improvement that ordinarily passes with the property. Physical attachment is not required: an easement can be an appurtenance too.

What Is Appurtenant?

Definition: Appurtenant is an adjective meaning belonging to or accompanying a property. A garage may be appurtenant to a house, and an access easement may be appurtenant to the parcel it benefits.

Example: A great example of something described as appurtenant is the relationship between a barn and a house or an easement to some land. Typically, these things are attached to the property by law and are described as appurtenant.

What Is An Appurtenance?

Definition: An appurtenance is a right, privilege or improvement associated with a property that generally transfers with it, subject to the governing documents and applicable law. The term is not limited to objects installed on the land.

An appurtenance can be something tangible like a tree, barn, water tank, or something abstract such as an easement.

Example: A fantastic example is if a homeowner installs a new water tank onto his property. If he sells the house, the water tank typically will stay with the property and go to the new homeowner. The water tank itself is called an appurtenance.

What Is the Difference Between Appurtenant and Appurtenance?

Appurtenance is the noun; appurtenant is the adjective. Neither is simply another word for fixture. A fixture is an item of personal property that has become part of real property. Appurtenances can include physical improvements and nonphysical rights.

Check out some textbook examples:

• A house includes a garage and the benefit of an access easement. These illustrate an improvement and a nonphysical right associated with the property.
• A freestanding washer or dryer is not automatically included merely because it is on the premises. Fixture status and the sale agreement matter.

What is an Appurtenant Easement?

An easement permits a specified use of another parcel. An appurtenant easement benefits a particular parcel and generally passes with it when ownership changes. For exam definitions and the garage example, see the California DRE glossary.