Appurtenances

In real estate, an appurtenance is something that is installed in or sits on a property. It is something that is considered a part of the property, is sold with the property, and it is passed on to the new owners.  When we talk about appurtenances we are often talking about things that run with the land. Appurtenance originates from the word 'appertain,' which means to relate to, be appropriate, or applicable. Before defining appurtenance, it's important to learn more about the term real property. 

In real estate, real property is defined as immovable or fixed property, any property attached to the land and even the land itself. This also includes permanent fixtures within the property, that are not personal property and easily moved.  

Real property plays an important role in understanding appurtenance. These terms are often used in a sales contract when a property is changing ownership. The terms have to be defined so both the buyer and seller know what is included in the sale. It's during the home buying and selling process when understanding appurtenance becomes very important as property rights are typically sold with the home and include appurtenances. 

Now that you know more about what the definition of appurtenance is, the next step is to look at some common examples:  

• Exterior buildings (e.g., barn, shed)
• a fence
• Inground pools
• hot water heater
• Ceiling fans
• Window blinds (if installed)
• Fixtures (excluding trade fixtures)
• Cabinetry
• Furnace
• Existing crops
• Oil or mineral rights
• A shared driveway (with attached easement appurtenant)
• a tree 
• Water rights (given to an adjoining property)
• in-ground swimming pools
• Easements 

Based on the examples above, it may seem like anything attached to the property can be considered an appurtenance. However, that's not necessarily the case.  Essentially, anything that is intended to stay with the home on a permanent basis can fall into this category.  

Likewise, if the item is attached to the property, it needs to be attached using a permanent method in order to transfer with ownership of the property. Otherwise, it will be considered personal property, which can be removed when the seller moves and someone else takes over ownership of the property.  Remember that personal property goes with the person, real property goes with the real estate. 

Be especially careful when it comes to any easements that may exist.  An easement is the right given to a property owner to use land owned by somebody else. This can be common when a road to a property passes through another person's land, but is necessary to enable access to the home.  

An easement appurtenant runs with the land, which means that it doesn't necessarily have to be included in the deed in order to have an effect on the adjoining property. For example, if you buy a landlocked parcel, you'll more than likely have an easement with your neighbor even if it's not explicitly spelled out in the deed. 

Appurtenances are important to understand as they can have an effect on landlord and tenant relations as well as that between buyer and seller. As you study for the real estate exam, if you remember nothing else about appurtenances, remember that they run with the land.