Legal Definitions - appendant power

An appendant power is a specific type of legal authority or right that is attached to, and exercisable by, a person who already holds an interest in the property over which the power is to be exercised. When this power is used, it directly affects or diminishes the very interest that the person already owns in that property. Essentially, the person with the power is using it to modify or dispose of their own existing property rights.

Here are some examples to illustrate this concept:

• Example 1: Landowner Granting an Easement

  Imagine a property owner, Ms. Chen, who owns a large parcel of land. Her deed also includes an appendant power allowing her to grant an easement (a right for someone else to use a specific part of her land, like a shared driveway) over a section of that *same* land. If Ms. Chen decides to grant such an easement to her neighbor, she is exercising this power.

  This illustrates an appendant power because Ms. Chen already holds full ownership (an interest) in the land. When she exercises the power to grant an easement, she is directly affecting and diminishing her *own* existing property interest by allowing another party a right over her land. The power is "attached" to her ownership.

• Example 2: Trustee with Power to Sell Trust Property

  Consider Mr. Davies, who owns a commercial building. He establishes a trust, naming himself as the trustee and also as a beneficiary, and transfers the building into the trust. The trust document explicitly grants Mr. Davies (in his capacity as trustee) an appendant power to sell the building and reinvest the proceeds for the benefit of the trust. If Mr. Davies sells the building, he is using this power.

  This is an appendant power because Mr. Davies, as trustee, holds legal title (an interest) in the property for the trust. The power to sell is "appendant" because it is linked to his existing interest and role concerning that specific property. When he exercises this power, he is acting upon the property interest he already possesses within the trust structure, converting it into another form of trust asset.

• Example 3: Life Tenant with Power to Lease Beyond Their Life

  Suppose Mrs. Evans has a life estate in a vacation home, meaning she has the right to live in or benefit from the home for the remainder of her life. The legal instrument (e.g., a will) that granted her this life estate also gives her an appendant power to grant a 15-year lease on the property, even if her life estate might end before the 15 years are up. If Mrs. Evans leases the property for 15 years, she is exercising this power.

  This demonstrates an appendant power because Mrs. Evans holds an existing interest in the property (the life estate). The power to grant a long-term lease is "appendant" as it's attached to her existing interest. By exercising this power, she is creating an encumbrance (the lease) that will affect the property and potentially the future owners, based on her existing, though limited, interest.