Legal Definitions - appendant

Appendant describes a right or privilege that is legally connected to a primary piece of property. This right is not independent; it exists because of, and is secondary to, the main property. If the main property is transferred, the appendant right typically transfers with it, as it is considered part of the property itself rather than a personal right of the owner.

• Example 1: Right of Way (Easement)

  Imagine a homeowner who owns a house (Property A) that can only be accessed by crossing a specific path over their neighbor's land (Property B). A legal agreement grants Property A an easement, or right of way, to use that path. This right of way is appendant to Property A. It is a secondary right that is directly tied to the ownership of Property A. If the homeowner sells Property A, the new owner automatically acquires the right to use the path, as it belongs to the property itself, not just the original owner personally.

• Example 2: Water Rights for Farmland

  Consider a farmer who owns a parcel of agricultural land that includes a legal right to draw a certain amount of water from a nearby river for irrigation. This water right is specifically designated for the benefit of that particular farm. The water right is appendant to the farmland. It is an additional, subsidiary right that enhances the value and utility of the land. Should the farmer sell the land, the right to draw water for irrigation would typically transfer with the property, as it is intrinsically linked to the land's use and existence.

• Example 3: Access to Common Areas in a Condominium Development

  When someone purchases a condominium unit within a development, along with the unit itself, the owner automatically receives a right to use shared amenities like a swimming pool, gym, and private park, as outlined in the development's governing documents. The right to use these common amenities is appendant to the condominium unit. It's a secondary privilege that comes with owning the main property (the unit). This right cannot be sold separately from the unit; it transfers automatically to any new owner of that specific condominium.