In real estate, an appurtenance is something installed on a property. It is a part of it, sold with the property, and passed along with the sale on to new owners. Simply put, appurtenances are often items that go along with the land. Understanding the meaning of appurtenances is crucial in the home-buying and selling process. That is to say, the property rights or items, including appurtenances, must be clearly defined for both buyers and sellers.

What does the term appurtenance mean in real estate? 

The term appurtenance comes from “appertain,” meaning to relate to. To understand it, you must understand the concept of real property. It includes any immovable or fixed property, land, and attached structures. These real estate terms are commonly used in sales contracts during property transfers.

Appurtenance is the association of a right or property with a more significant and valuable aspect. In simpler terms, it signifies that something is legally considered to be a part of another, larger entity.

This often happens in real estate, where certain improvements or rights are linked to a property. For example, a furnace or air conditioning unit in a house becomes part of the property. Therefore, it cannot be taken away once it’s installed.

Why is it important to understand appurtenances in real estate?

Knowing why appurtenance matters in real estate transactions is essential for all property owners. When deciding on a property, buyers should consider its appurtenances – any items attached to or belonging to a piece of real estate. These could be doors, windows, fences, sheds, or heating/cooling systems. While some items come naturally with a home purchase, others, such as window treatments, may not be included.

How to decide if something is an appurtenance?

To be considered appurtenant, certain requirements must be met. Here is a list of those criteria:

  • Permanence: Any improvement to a property, such as a heating system or swimming pool, must be a permanent addition to the property.
  • Method of attachment: Improvements should be made using permanent methods, for example, installing an in-ground swimming pool rather than an above-ground one, which might be deemed temporary.
  • Removal: An improvement is deemed appurtenant if its removal would cause significant damage to the property. The extent of significant damage may vary depending on location and perspective, with some cases requiring a court decision to determine.

What are some examples of appurtenances in real property?

Appurtenances in real estate encompass a variety of items that are inherently associated with a property. These are often integral components sold with the property and are passed on to subsequent owners. These could range from physical structures to legal rights, all of which contribute to the overall value and functionality of the real estate.

Here are some examples of appurtenances:

  • Exterior buildings or structures, such as barns or outdoor sheds that are situated on the property.
  • A fence that serves to enclose or demarcate the property.
  • An in-ground swimming pool that is attached to the property.
  • Hot water heater(s) on the property.
  • All installed ceiling fans.
  • Window blinds that are part of the property.
  • Permanent fixtures, such as lighting fixtures or built-in shelves.
  • Installed cabinets in kitchens or bathrooms.
  • Furnace or an HVAC system
  • Agricultural produce or crops growing on the land.
  • Shared driveway with neighboring properties, often with an associated easement appurtenant.
  • Any trees or plants on the property.
  • Legal entitlement to use water from a water source adjoining the property.
  • Easements: Legal rights granted to use another’s property for a specific purpose, such as a right-of-way.

What is an appurtenant easement in real estate? 

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An appurtenant easement occurs when one party permits another to use their property for a specific purpose. For example, a homeowner might allow their neighbor to use a pathway on their land for access to a community park.

The party granting the easement is called the servient tenement estate. And, the one receiving the limited use is known as the dominant tenement estate.

These easements can take various forms, including:

Easement of necessity: Arises when land ownership is divided among multiple owners.

Implied easements: These happen when large land pieces are divided into smaller parcels, maintaining the rights of each tract.

Express easement: This common type of easement, established through a written deed or contract, is sold to a neighboring property owner.

Additionally, there is a prescriptive easement that involves trespassing. To claim this easement, the trespass must be open and continuous.

How to navigate appurtenances in real estate?

Although appurtenance can present complexities, the solution to the issue is typically straightforward. If you’re the seller of a property, you should eliminate any potential gray areas before listing your home. The best route is to formalize easements through permanent legal agreements. This prevents complications during the selling process.

For buyers, the process is even simpler. All you have to do is just ask. If you have numerous inquiries about the property, go ahead and ask them. It’s preferable to seek clarification up front than to reach the closing stage only to discover that a significant aspect is not included in the property sale. Or that an easement no longer grants you access, necessitating negotiations with a neighbor.

Key takeaway

Appurtenance, a legal term, signifies that a certain entity or improvement belongs to a larger and more valuable whole. An appurtenant legally becomes part of the property it enhances. To meet the criteria for appurtenance, the addition must be permanent and installed using lasting methods. And, its removal should result in substantial property damage. A clearly defined appurtenance can facilitate smooth real estate transactions by avoiding complications.

What do appurtenances mean in real estate? was last modified: November 14th, 2025 by Ramona Sinha