In real estate law, an appurtenance is a right, privilege or improvement that is permanently attached to land and passes automatically with ownership. It “runs with the land,” meaning it conveys to the buyer at closing without separate mention.
Put simply, appurtenances are the permanent parts of a property—think driveways, built-in cabinets or mineral rights—that stay when you sell, because they’re considered part of the real estate itself.
Easements grant non-owners the right to use a portion of land, such as a shared driveway or utility corridor. These rights are recorded and bind future owners.
Fixtures include cabinetry, ceiling fans or inground pools—items permanently affixed to the structure or land. Once installed and intended to stay, they cease being personal property.
These are non-physical rights tied to a parcel: underground minerals, water use or airspace above a building. They’re appurtenances unless expressly severed in writing.
In condos or planned communities, rights to clubhouses, golf courses or private roads are appurtenances that convey with ownership of a unit or lot.
If an item once movable is permanently attached or adapted to the property with the intent to remain indefinitely, it transforms into real property—a classic appurtenance.
A fixture meets three tests: annexation (physically attached), adaptation (custom-fit for the property) and intent (meant to be permanent).
Chattels are freestanding, easily removable items—furniture, non-built-in appliances or decorative signs—that do not “run with the land.”
Because appurtenances convey automatically, you avoid negotiating every built-in item or right—streamlining closings and reducing paperwork.
Clear definitions in contracts help prevent last-minute disputes over whether a fence, well pump or shared driveway is included in the sale.
Permanent improvements and rights affect appraisals and determine the scope of insurance policies, so accurate listing is essential for correct coverage and value.
Look for phrases like “and appurtenances thereunto belonging” or specific easement descriptions in recorded deeds and title commitments.
Contracts often include exhibits or schedules listing included fixtures and rights. Cross-check these with your title report to ensure consistency.
Standard forms may assume inclusion of built-ins but exclude trade fixtures or freestanding equipment. Know the default rules in your jurisdiction.
Sellers cannot remove true appurtenances once they’ve agreed to convey real property. Buyers gain protection if the contract specifies all items “to remain.”
Include a detailed list of fixtures and rights in the contract. Use clear language like “including but not limited to” and attach exhibit lists to avoid ambiguity.
If an appurtenance is unlawfully removed, buyers can seek damages, specific performance or escrow of funds until the issue is resolved.
Remember the legal definition: a permanent addition or right attached to land that conveys with it. Textbooks emphasize the three-part fixture test plus non-physical rights.
Practice identifying whether a tenant-installed air conditioner became an appurtenance or remains personal property under different fact patterns.
Use “AAI” to recall Attachment, Adaptation and Intent when distinguishing fixtures (and thus appurtenances) from chattels.
A buyer discovers an unrecorded driveway easement used by a neighbor. Without recognition, the buyer risks blocking access and facing legal claims.
Review the deed for an express easement, check county records for prescriptive use, and confirm survey notations before closing.
Always perform a title search, include clear contract language on fixtures and rights, and verify all appurtenances during inspection.
Generally yes—utility easements are recorded rights that run with the land. However, some access agreements may be contractual licenses and not true appurtenances.
It depends on local law. In some states, subsurface rights are severable and must be expressly conveyed, while in others they pass by default.
Default rules and customary practice govern. Courts look at attachment, adaptation and intent to decide if an item conveys.
Unrecorded easements or disputes over fixture status can trigger additional surveys or title curative steps, delaying closing until resolved.
Understanding appurtenances ensures you know exactly what you’re buying or selling. Always review deeds, title reports and contracts carefully, list fixtures and rights explicitly, and consult professionals to safeguard your investment.
