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Simple English definitions for legal terms
appurtenant
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A quick definition of appurtenant:
Term: Appurtenant
Definition: Appurtenant means that certain rights or rules are connected to a specific piece of land and are passed on to new owners when the land is sold. This is different from rights or rules that only benefit or affect one person. For example, if there is a path on one person's land that others are allowed to use, that path is appurtenant to the land it crosses. This means that if the land is sold, the new owner also has to allow people to use the path. Appurtenant rights or rules are important because they can affect the value and use of the land.
A more thorough explanation:
Definition: Appurtenant refers to rights or restrictions that are tied to a specific parcel of land and pass on to subsequent owners when the parcel is transferred. This term is commonly used in the context of easements or covenants and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.
Example: An appurtenant easement is a common example of an appurtenant right. This type of easement is tied to a dominant estate, which is the property that benefits from the easement and to which the easement attaches. For instance, if a property owner grants an appurtenant easement to their neighbor for the purpose of accessing a shared driveway, the easement would be tied to the dominant estate (the neighbor's property) and would pass on to subsequent owners of that property.
Explanation: The example illustrates how an appurtenant easement is tied to a specific parcel of land (the dominant estate) and passes on to subsequent owners when the property is transferred. The easement cannot exist separately from the dominant estate and increases the value of that property. This is what makes appurtenant rights or restrictions different from those in gross, which only benefit or burden a particular person and do not pass on to subsequent owners.