Legal Definitions - franchise appurtenant to land

A franchise appurtenant to land refers to a special privilege or right granted by a government or sovereign authority that is permanently attached to a specific piece of land. Unlike rights held by an individual, this type of franchise is inherent to the property itself and automatically transfers to whoever owns that land, without needing a separate transfer of the right. It "runs with the land," meaning it cannot be separated from the property and continues to benefit successive owners.

• Example 1: Agricultural Water Rights

  Imagine a large vineyard property located in an arid region. Historically, the government granted a special permit allowing the owner of this specific parcel of land to draw a certain volume of water from a nearby river for irrigation. This permit is not tied to the individual who owns the vineyard at any given time, but rather to the land itself, recognizing its agricultural purpose. When the current owner sells the vineyard to a new family, the right to draw that water automatically transfers with the property deed. The new owners do not need to apply for a new permit; they inherit the existing right because it is "appurtenant to the land."

• Example 2: Exclusive Docking and Wharfage Rights

  Consider a historic waterfront property along a busy shipping channel. Centuries ago, the local government granted the owner of this particular plot the exclusive right to build and operate a private dock for commercial vessels, and to charge fees for their use (wharfage). This privilege was granted due to the land's unique deep-water access and strategic location. If the property is sold today, the new owner automatically acquires this exclusive right to maintain the dock and collect fees. The right is not a personal license but a permanent feature of the land, making it a franchise appurtenant to land.

• Example 3: Specific Resource Extraction Rights

  A remote, mountainous property is known to contain a unique type of mineral deposit. The government previously granted a special franchise to the owner of this specific land parcel, allowing for the exclusive extraction and commercial sale of this particular mineral. This right is recorded with the property's title. Should the land be sold to a new mining company, the exclusive right to extract and sell the mineral automatically transfers with the ownership of the land. The new company does not need to re-negotiate or re-apply for this privilege, as it is intrinsically linked to that specific piece of property, demonstrating a franchise appurtenant to land.