Legal Definitions - accessory right

An accessory right is a secondary legal entitlement that exists solely to support, facilitate, or protect a primary or principal right. It cannot exist independently; its validity and existence are tied directly to the main right it serves. If the principal right is extinguished or transferred, the accessory right typically follows suit.

Here are some examples to illustrate this concept:

• Mortgage as Security for a Loan: When a bank lends money to a homeowner to purchase a house, the bank's principal right is to receive repayment of the loan according to the agreed terms. To secure this principal right, the bank often obtains an accessory right in the form of a mortgage or a lien on the property. This mortgage allows the bank to take possession of and sell the property if the homeowner fails to make payments.

  This illustrates an accessory right because the mortgage (the right to seize the property) only exists because of the loan (the principal right to repayment). If the loan is fully repaid, the mortgage is extinguished, as its purpose has been fulfilled.

• Easement for Property Access: Imagine a piece of landlocked property whose owner has a principal right to use and enjoy their land. To make this principal right effective, the owner might also have an accessory right, such as an easement, allowing them to cross a neighboring property to reach a public road. Without this right of way, the ability to fully use their own land would be severely hampered.

  Here, the easement is an accessory right because it serves the primary right of the landowner to access and utilize their property. If the landlocked property were sold, the easement would typically transfer with it, continuing to support the new owner's principal right to use the land.

• Tenant's Right to Use Common Facilities: A tenant who signs a lease agreement for an apartment has a principal right to occupy and use the specific leased premises. As an accessory right, the lease might also grant them the right to use shared amenities within the apartment complex, such as a swimming pool, gym, or designated parking space.

  These amenities are accessory rights because they enhance and support the tenant's primary right to reside in the property. If the tenant's lease (the principal right to occupy) terminates, their right to use the common facilities also ends, as it was dependent on their status as a tenant.