Legal Definitions - appurtenant

The term appurtenant describes a right or restriction that is permanently attached to a specific piece of land and transfers automatically with the ownership of that land. It is not a personal right or restriction that belongs only to a particular individual. Instead, an appurtenant right or restriction "runs with the land," meaning it is tied to the property itself and benefits or burdens any future owner of that property.

This concept is most commonly seen with easements and covenants:

• An appurtenant easement grants a property owner the right to use a portion of an adjacent property for a specific purpose (e.g., a driveway or utility line). The property that benefits from this right is called the dominant estate, and the property that is burdened by it is the servient estate. The easement is considered part of the dominant estate and cannot be separated from it.
• An appurtenant covenant is a restriction on how a property can be used or developed, which is binding on all current and future owners of that property.

Here are some examples illustrating the concept of appurtenant rights and restrictions:

• Shared Driveway Easement: Imagine a property (Property A) that is located behind another property (Property B) and has no direct access to a public road. To solve this, an easement is established allowing Property A's owner to use a driveway that crosses Property B. This right to use the driveway is appurtenant to Property A. If the owner of Property A sells their land, the new owner automatically inherits the right to use that driveway. The right is tied to Property A itself, not to the original owner, ensuring continuous access.

• Neighborhood Architectural Covenants: A developer creates a new housing community and includes specific rules in the property deeds for all lots, such as requiring all homes to use a particular type of roofing material or maintain a certain setback from the street. These architectural rules are appurtenant to every property in the community. When a homeowner sells their house, the new buyer is automatically bound by these same restrictions. The covenants "run with the land," maintaining the aesthetic consistency and value of the entire neighborhood.

• Right to Access a Private Lake: Consider a small residential development where several homes are built near a private lake. The developer grants each homeowner a permanent right to use a specific private beach area and boat launch located on a separate common parcel. This right to access the lake and use its amenities is appurtenant to each of the homes. If one of these homes is sold, the new owner automatically acquires the right to use the private beach and boat launch. The right is tied to the ownership of the specific home, not to the original purchaser, enhancing the value and enjoyment of the property.