Legal Definitions - common appurtenant

A common appurtenant refers to a right or property that is legally attached to and benefits a primary piece of land, and which is shared among multiple property owners. These rights or properties are not standalone but are considered part of the value and utility of the main property. They typically involve shared access, facilities, or resources that are essential or beneficial for the use and enjoyment of the individual properties.

Here are some examples illustrating this concept:

• Shared Private Driveway: Imagine a small cul-de-sac where three houses share a single private driveway that connects them to a public street. Each homeowner has a legal right to use this driveway to access their property. This private driveway is a common appurtenant because it is a shared right of access that is legally tied to each individual house. The right to use the driveway is not a separate piece of property that can be sold independently; it belongs to and benefits each house in the cul-de-sac, enhancing their property's accessibility.

• Community Park in a Housing Development: Consider a planned residential community where all homeowners collectively own and have the right to use a central park, playground, and walking trails. These shared recreational areas are common appurtenances to each individual home within the development. The right to use these facilities is legally attached to the ownership of a home and contributes to its overall value and lifestyle appeal. A homeowner cannot sell their share of the park or trails separately from their house.

• Shared Septic System: In a rural subdivision, several adjacent lots might be served by a single, larger septic system because individual systems are not feasible for each lot due to soil conditions or space constraints. Each property owner has a legal right to connect to and use this shared septic system for their wastewater disposal. This shared septic system and its associated infrastructure constitute a common appurtenant for these properties. The right to access and use this essential utility is legally bound to each parcel of land, providing a necessary service that benefits all participating landowners.