What is Appurtenance? Real Estate Definition & More


What is Appurtenance? Real Estate Definition & More

In the realm of property law, a feature or item associated with a parcel of land or a building, which is considered to be part of the real property itself, is a crucial concept. This could include physical improvements like outbuildings, fences, or in-ground swimming pools. It may also encompass intangible rights, such as easements or rights-of-way, that benefit the property. An example is a shed situated on a plot of land; it’s physically attached and enhances the property’s usability, and is therefore legally considered part of it. Similarly, a right to cross a neighboring property to access a public road, benefiting the landlocked parcel, would also be categorized accordingly.

Understanding this concept is important because it dictates what is transferred when ownership of real estate changes. Such elements are typically conveyed along with the primary land or structure, unless specifically excluded in the sale agreement. Historically, defining the scope of real property has been vital for ensuring clear property rights and preventing disputes between buyers and sellers. Accurately identifying and documenting these items within a real estate transaction provides legal certainty and protects the interests of all parties involved.

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