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
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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.
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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.
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
### What is an appurtenant term in property law?
- [x] A right or restriction attached to a piece of land.
- [ ] A new development on a property.
- [ ] A temporary lease agreement.
- [ ] A type of insurance for properties.
> **Explanation:** The term "appurtenant" refers to a right or restriction attached to a piece of land that benefits or restricts the landowner.
### What is an easement appurtenant?
- [ ] An easement granted for temporary use.
- [ ] An easement benefiting a specific individual.
- [x] An easement tied to the land and benefiting its owner.
- [ ] An easement that only applies after the property is sold.
> **Explanation:** An easement appurtenant is an easement tied to the land (dominant estate) and benefits its owner, regardless of ownership changes.
### How long does an appurtenant right typically last?
- [x] As long as the land is in use.
- [ ] 10 years.
- [ ] It is temporary.
- [ ] Until the property owner leases the land.
> **Explanation:** Appurtenant rights typically last as long as the land is in use and are transferred with the property.
### In property law, what is a dominant estate?
- [ ] The land burdened by an easement.
- [ ] Publicly owned land.
- [x] The property that benefits from an easement.
- [ ] A leased residential property.
> **Explanation:** The dominant estate is the property benefiting from an appurtenant easement or covenant.
### What does a covenant appurtenant typically do?
- [x] It imposes restrictions or terms on land use.
- [ ] Transfers ownership of property.
- [ ] Grants temporary usage of a property.
- [ ] Removes all restrictions on property use.
> **Explanation:** A covenant appurtenant is a promise included in a deed, imposing restrictions or terms on land use.
### Is recording an appurtenant easement necessary?
- [x] Yes, for legal enforceability and notice to future owners.
- [ ] No, recording is optional.
- [ ] Only required in commercial properties.
- [ ] Only if the property is residential.
> **Explanation:** Recording an appurtenant easement is necessary for legal enforceability and to provide notice to subsequent owners.
### Who benefits from an appurtenant easement?
- [ ] Any neighbor of the property.
- [x] The owner of the dominant estate.
- [ ] Only the original grantor.
- [ ] Local government authorities.
> **Explanation:** The owner of the dominant estate benefits from an appurtenant easement.
### Can appurtenant rights pass to subsequent owners?
- [x] Yes, they run with the land.
- [ ] No, they are specific to the original owner.
- [ ] Only if recorded in a lease agreement.
- [ ] Only during municipal transactions.
> **Explanation:** Appurtenant rights typically run with the land and pass to subsequent owners.
### What is typically required to alter an appurtenant right?
- [ ] A simple handshake agreement.
- [x] Mutual consent and legal agreements.
- [ ] New property appraisal.
- [ ] No alteration possible.
> **Explanation:** Altering or removing appurtenant rights generally requires mutual consent and legal agreements.
### What is the property burdened by an easement known as?
- [ ] Dominate estate.
- [ ] Coastal land.
- [x] Servient estate.
- [ ] Public property.
> **Explanation:** The property burdened by an easement, benefiting another property, is known as the servient estate.
Thank you for exploring the comprehensive details of appurtenant rights in property law and testing your knowledge with our quiz! Your insight into this critical area of real estate law contributes to better property management and legal compliance.
