Appurtenant is a legal term used to describe items or rights that are considered to be part and parcel of another property or transaction. In its most basic sense, it describes objects or services that are inseparably connected with a main object. To put it another way, appurtenant can be thought of as something that belongs to or is accessory to something else.
In real estate, for example, appurtenant might refer to fixtures attached to a house such as a swimming pool or extra parking spaces. It can also refer to rights associated with a particular piece of land such as access to a body of water. Similarly, in business, appurtenant can refer to contract rights such as ownership of a company’s intellectual property or access to mutual customers.
Why It Matters
Understanding what appurtenant means is important for a variety of reasons. For one, it’s a key concept in contract negotiation, as parties may need to determine whether certain rights or obligations are attached to the original agreement or to any ensuing transactions. In addition, appurtenance deals with underlying issues of ownership and can be a useful tool in establishing lawful possession or disputes over rights to a property.
How to Recognize Appurtenant Rights
Appurtenant rights can be hard to recognize, but they are usually based on a concept of reasonable expectation. In other words, if something has traditionally gone along with the sale or transfer of a property, then a reasonable expectation is that it will continue to be included in the sale or transfer. As a result, it is important to look at the historical context of a sale or transfer when identifying appurtenant rights, and to carefully consider if anything else might reasonably be expected to be included.
In addition, parties should look at local customs to ensure they don’t overlook appurtenant rights, as local laws may designate certain items as appurtenances even if they weren’t included in the original sale. Knowing what to look for and being mindful of local laws can help each party protect their rights and avoid unnecessary complications.
In Summary
Appurtenant is an important concept in both real estate and business transactions, and it’s important to understand what it means and how to recognize when an item or right is appurtenant to a property or transaction. By considering the context and local customs of a sale or transfer, parties can ensure that all appurtenant rights are accounted for and that they are protected in the negotiations.