Appurtenants: Understanding the Legal Term in Real Estate

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Appurtenant refers to restrictions or rights that rule the land. In real estate, it refers to an attachment that resides or makes up a property. Simply put, appurtenant is an important legal real estate term to know as it pertains to the concept of property rights. To better understand appurtenant, it’s helpful to define the term “real property”. Real property is understood as property consisting of land and all structures atop it. Appurtenant concerning "real property" is defined as established on the land and therefore part of the property.

Common Examples of Appurtenants Include:

• A furnace

• In-ground swimming pools

• heating/cooling systems

• Cabinetry

• Light fixtures

Once you know what you’re looking for when it comes to appurtenants, it’s important to make sure you can define it as such based on a certain set of criteria. The below questions can help determine an appurtenance status:

1. Was it installed as a permanent addition to the property?

2. What process was used to install the addition to the property?

3. Would removal cause significant property damage?

Depending on the answers to these questions, an attachment to a property can have the status of appurtenant. And if said answers favor the attachment being defined as an appurtenant, the buyer can claim it as such even if the seller disagrees. If you want these questions broken down, even more, to further enhance your understanding of appurtenants, check out our Real Estate Definitions Guide. It will give you everything you need to know to understand this term inside and out.

Appurtenants are a bit of a mouthful but the word is often a key conversation point when discussing real estate with clients. Clients often base their real estate decisions on key characteristics that a home or property has to offer. Knowing what is and isn’t included in a property is an essential knowledge point on the Real Estate License Exam and vital for closing the deal. So whether you’re looking to ace your real estate licensing exam or you’re already in the real estate game and looking to take your success one step further, enroll today in our Real Estate Essentials Course.