Legal Definitions - cum pertinentiis

The Latin phrase cum pertinentiis translates to "with the appurtenances." In property law, it signifies that when a piece of land or real estate is transferred (such as through a sale or inheritance), the transfer includes not only the physical property itself but also all associated rights, privileges, and improvements that are considered to belong to or be naturally incident to that property.

These "appurtenances" are features or rights that are essential for the full enjoyment and use of the main property, even if they are not physically located on the property or explicitly detailed in every clause of the transfer document. They are understood to pass along with the main property unless specifically excluded.

• Example 1: Residential Property with a Shared Driveway

  Imagine a homeowner selling their house. The property line ends just before a shared driveway that provides access to both their garage and their neighbor's garage. An easement agreement, established years ago, grants both properties the right to use this shared driveway. When the homeowner sells their property cum pertinentiis, the new buyer automatically acquires the legal right to use that shared driveway, even if the easement isn't explicitly mentioned in every line of the new deed. The right to use the driveway is considered an appurtenance because it's essential for accessing the garage and is inherently linked to the property.

• Example 2: Rural Land with Water Rights

  Consider a large ranch property that includes several acres of pastureland. For decades, the ranch has held a legal right to draw a specific amount of water from a nearby river for irrigation, a right known as a water right. When the ranch owner sells the entire property cum pertinentiis, the new owner not only receives title to the land but also automatically inherits the established water rights. These water rights are an appurtenance because they are crucial for the agricultural use and value of the land, and are considered to "belong" to the property itself.

• Example 3: Commercial Building with Common Area Access

  A company sells its office building, which is part of a larger commercial complex. The building itself does not have its own dedicated parking lot, but all tenants and owners within the complex have a perpetual right to use a large, shared parking garage and common walkways. When the company sells its office building cum pertinentiis, the new owner automatically gains the right to use the shared parking garage and common areas. These access rights are appurtenances because they are integral to the functionality and accessibility of the office building within the complex.