Definition
In property law, “appurtenant” refers to a right or restriction that is attached to a piece of land (the dominant estate) and benefits or restricts the owner of that land in their use and enjoyment. This right or restriction is inseparably connected to the land and not to any specific individual. Common examples include easements and covenants that run with the land.
Examples
Appurtenant Easement: An easement appurtenant allows the owner of one property (the dominant estate) to use the adjoining property (the servient estate) for a specific purpose, such as access to a roadway or utility lines.
Appurtenant Covenant: A covenant appurtenant is a promise included in a deed that restricts or dictates the actions of the owner regarding the use of the property. For example, a covenant may restrict the height of buildings to preserve scenic views.
Frequently Asked Questions (FAQs)
What distinguishes an appurtenant easement from an easement in gross?
An appurtenant easement is tied to the land itself and benefits its owner, regardless of who owns the land. Conversely, an easement in gross is granted to a specific individual or entity and is not transferred with the land.
How long does an appurtenant right last?
An appurtenant right typically runs with the land, meaning it lasts as long as the land is in use and ownership changes do not affect the right.
Can appurtenant rights be altered or removed?
Generally, altering or removing appurtenant rights requires the mutual consent of involved parties, typically in the form of legal agreements. However, specific terms and local laws may also apply.
What is the benefit of an appurtenant right for property owners?
Appurtenant rights can enhance property value by ensuring rights like access, utility connections, or protection of scenic views, making the property more attractive for use or resale.
Does an appurtenant easement need to be recorded?
Yes, for legal enforceability and to provide notice to subsequent owners, appurtenant easements should be recorded in real estate records.
Related Terms
Easement
An easement is a legal right to use another’s land for a specific, limited purpose. Common examples include utility easements and right-of-way easements.
Covenant
A covenant is a binding agreement or promise regarding the use or requirements of a property, which runs with the land and binds subsequent owners to the agreed terms.
Dominant Estate
The property that benefits from an appurtenant easement or covenant is known as the dominant estate.
Servient Estate
The property burdened by an easement or restrictive covenant for the benefit of another property is known as the servient estate.
Online References
Suggested Books for Further Studies
- “Principles of Property Law” by Herbert Hovenkamp
- “The Law of Real Property: Cases and Materials” by Sheldon F. Kurtz
- “Real Estate Law” by Robert J. Aalberts
Fundamentals of Appurtenant: Property Law Basics Quiz
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