When you are looking at Real Estate, many terms may seem unfamiliar. One of those terms is Appurtenance.
An appurtenance is attaining to or being attached to the property. An appurtenance is when the attachment becomes part of the property. Appurtenance includes light fixtures, furnaces, air conditioners, barns, sheds, fences, and swimming pools. Anything attached to the house or property and, if removed, causes damage to the property.
Table of Contents
- Appurtenance In Real Estate
- Examples Of Appurtenance In Property
- Appurtenant Easement
- Related Question
Appurtenance In Real Estate
Appurtenance in Real Estate can be one of the elusive real estate terms. The appurtenance occurs when attachment becomes part of the property and is considered part of the property, such as a furnace or air conditioning unit.
Appurtenance refers to permanent items passed along with the sale of the property because appurtenance is considered real property, defined as immovable property affixed to the land; some appurtenances relate to the ground.
Appurtenance Means Affixed To Something
One of the best ways to look at the words appurtenance is to see it as “affixed to something that belongs to or is part of something else.”
An appurtenance is a garage affixed to or belonging to the house’s property.
A barn affixed to or belongs as part of the property cannot be removed, so it is an appurtenance.
A fence affixed to or belonging to the property cannot be removed without damaging it, so it is an appurtenance.
An easement as a utility easement is affixed to or belongs to the property, so it is an appurtenance as it goes together with the property when it is sold.
Anything affixed or belonging to a property should be sold with the property. Suppose you have an heirloom chandelier and are going to sell your house. In that case, you need to take that chandelier down and replace it with another light fixture before you sell the home, or it will go together and become an appurtenance of the house and property.
You can switch out or change something like a light fixture, but most appurtenance is considered an appurtenance as it can not be removed from or removed from the property without damaging it. They are affixed to or belong to the property.
Examples Of Appurtenance In Property
There are many different examples of appurtenance for a home for land or property. An appurtenance is anything installed and sits on the property, so it is considered part of the property and must be sold together with the property.
Here are some of the examples of appurtenance that relate to real estate and property:
Light Fixtures
Light fixtures are usually considered appurtenance and go with the home’s sale.
Built-in Appliance
Appliances in a home are not always sold with the house except when they are built-in appliances. When they are built-in appliances, they are considered appurtenance and will be sold together with the home.
Unattached Garage
Unattached garages are considered appurtenance, go together with the home’s sale, and cannot be sold separately.
Built-In Swimming Pools
Any built-in swimming pool is considered an appurtenance. The pool would go together as part of the house and property.
Fences
fences the yard may have are appurtenance as they are part of the house or the land.
Vegetation
Most vegetation, such as rose bushes and flower trees, are considered part of the house and property. An exception may be that if you have some prize rose bushes you want to bring to a new property; you would need to exclude or agree to plant something else in their place as part of the property deal.
Greenhouse
If you have a greenhouse on your property, that is a structure considered part of the property and would also be in appurtenance.
Sheds
Any shed affixed to the land is considered an appurtenance.
Heating systems and Air-conditioning
Heating systems and air conditioners are considered appurtenance as they are fixed to the property.
Playground
A children’s playground fixed to the ground is usually considered part of the property.
Barn
If you have a barn that is part of the property, this is considered an appurtenance and sold with the house.
Easement
A property easement is also considered an Appurtenance. Even though it is a substantial part of the property, it goes with the land as part of the sale of the property. This would also include easements such as utility easements.
Appurtenant Easement
There is also a type of easement known as an Appurtenant Easement that can get confused with an Appurtenance. The Appurtenant Easement is an easement that is placed on the property.
An example of an Appurtenant Easement would be that a person is given a right for another person to use the land for a specific purpose or reason.
An Appurtenant Easement could be a shared driveway, where both houses need to use the same driveway or part of the same driveway to get to their house. An Appurtenance Easement could be the right for another person to cross your property for a legitimate reason and purpose.
When thinking of the word appurtenance, the main thing to understand is that anything that is affixed or part of the property and cannot be removed is considered part of the property and should go together with the selling of the property.
If you are looking to purchase a property, it would be good to know and understand what the house is coming with and why it is coming together, in other words, to understand all the appurtenances fully.
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Related Question
What Can I Do With A Utility Easement On My Property?
A utility easement gives the utility company full access to your property for the “good of the community.” The Utility company does not need to get permission to enter your property or work on your property. In fact, due to the utility easement, they could cut down trees, dig holes in your garden, or even stuff you’re fucked up in the underground swimming pool or plant a tree.
By clicking here, you can read more about What Can I Do With A Utility Easement On My Property?
What Is Severance In Property?
Severance is about taking or severing real property so that it now becomes personal property. It also has to deal with the severing or termination of a joint tenancy agreement. In some cases, severance, especially in joint tenancy, can get very messy where the court will need to get involved to decide how the property is severed or disposed of.
By clicking here, you can read more about What Is Severance In Property?
