What are Appurtenances in Real Estate?

What are "Appurtenances" in Real Estate?

Appurtenances refer to any physical or legal item that is associated with a property and passes with the property when it is sold. They are considered a part of the property, and can be tangible or intangible, such as:

  1. Structures: Any buildings, sheds, garages, or other structures that are permanently attached to the land.
  2. Fixtures: Items that are attached to a building or the land in a way that removing them would cause damage to the property or the item itself. This can include lighting fixtures, built-in appliances, and HVAC systems.
  3. Rights: Various types of legal entitlements associated with the property, such as water rights, air rights, and mineral rights. These allow the property owner to use natural resources found on or above/below the land.
  4. Easements: A right of use over the property of another for specific purposes such as access to another property, utilities, or sewer lines.
  5. Improvements: Any additions or changes to the land or buildings that enhance the property's value, such as landscaping, paving, and fences.

The concept of appurtenances clarifies what is included in the sale of a property. When buying or selling property, the contract should specify which items are considered appurtenances to ensure all parties have a clear understanding of what is being transferred. This helps prevent disputes over whether certain features should remain with the property or be removed by the seller.

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