In property law, the term “appurtenant” signifies something that is attached to or is a part of another thing. Typically, it refers to rights or restrictions that are attached to a piece of land. These rights or restrictions benefit or limit the landowner in their use and enjoyment of the property. Common examples include easements and covenants. These legal devices run with the land and are passed along with property ownership through sale or inheritance.
Types of Appurtenant Rights
Easements
An easement is a non-possessory right to use another person’s land for a specified purpose. Such easements can be appurtenant when they benefit a particular piece of land. The land benefited by the easement is known as the dominant estate, and the land over which the easement runs is known as the servient estate.
For instance, an easement that allows the dominant estate owner to cross the servient estate’s land is an appurtenant easement.
Covenants
Covenants are promises contained in deeds that landowners must honor. They can be appurtenant when they are attached to the land and transferred with it upon sale or transfer. These covenants might dictate how land can be used, such as specifying residential purposes only.
Special Considerations
- Running with the Land: One of the essential characteristics of appurtenant rights is that they “run with the land.” This means these rights are transferred along with the title of the land and are not personal to a particular owner.
- Recorded Publicly: For appurtenant rights to be enforceable, they usually need to be recorded in public records. This ensures that subsequent purchasers are aware of these rights.
- Legal Disputes: Disputes commonly arise around the scope, enforceability, and exact boundaries of appurtenant rights. Courts typically resolve these based on deed language and historical usage.
Historical Context
The concept of appurtenant rights dates back to feudal times when land was the primary form of wealth and economic power. Over centuries, legal systems evolved to account for these attached rights to ensure clear legal frameworks for land usage and to provide benefits or restrictions transferable with property ownership.
Applicability in Modern Real Estate
Modern real estate transactions often involve detailed examinations of title deeds to ascertain any appurtenant rights. This is crucial in property development, urban planning, and ensuring legal compliance in property use.
Comparisons
- Appurtenant vs. In Gross: Easements in gross benefit an individual or entity rather than a piece of land, and do not run with the land. Appurtenant easements, on the other hand, are intrinsic to the property and thus, transferable with the property.
- Dominant Estate vs. Servient Estate: The dominant estate benefits from the easement, while the servient estate is burdened by it.
Related Terms
- Easement: A right to cross or otherwise use someone else’s land for a specified purpose.
- Covenant: A formal agreement or promise in a deed relating to the use of the land.
- Servient Estate: The property burdened by an easement.
- Dominant Estate: The property that benefits from an easement.
FAQs
Q: Can an appurtenant easement be terminated?
A: Yes, an appurtenant easement can be terminated by mutual agreement, abandonment, or if the dominant and servient estates become owned by the same party.
Q: Do appurtenant rights need to be included in the property deed?
A: Yes, to ensure enforceability and public notice, appurtenant rights should be included and recorded in the property deed.
Q: Are appurtenant rights common in residential real estate?
A: Yes, particularly in neighborhoods with shared amenities or private roads.
References
- Black’s Law Dictionary
- Real Property Law Textbooks
- Relevant Statutory Provisions and Case Law
Summary
The term “appurtenant” in property law refers to rights or restrictions attached to a piece of land, benefitting or limiting its owner. Common examples are easements and covenants, which run with the land and are essential in property law to regulate land use and ownership rights. Understanding appurtenant rights is crucial for current and prospective landowners to ensure informed decisions in real estate transactions.
