Appurtenance Information
Appurtenances are rights that attach to the land and transfer with it, regardless of whether they are specifically mentioned in the deed. Common appurtenances include: easements (the right to use another's property for a specific purpose), water rights (the right to use water from a bordering or underlying source), air rights (the right to use the airspace above the property), mineral rights (the right to extract minerals from the ground, unless previously severed), parking rights (the right to use specific parking spaces associated with the property), and common area access rights (the right to use shared amenities in a condominium or planned community). An appurtenance is distinguished from a personal right (which does not transfer with the property).
Florida Legal Definition
Appurtenances in Florida pass with the conveyance of real property under the terms of the deed. A warranty deed in Florida typically conveys the property 'together with all the tenements, hereditaments, and appurtenances thereto belonging.' Under Florida Statutes §689.01, a conveyance of land includes all appurtenances unless specifically excluded. Florida courts have recognized the following as appurtenances: easements that benefit the conveyed property (appurtenant easements), riparian and littoral rights (for waterfront property), common element interests in condominiums (§718.106(2)), and HOA common area rights. The developer may sever appurtenances (such as mineral rights or development rights) before conveying the property, but the severance must be explicit.
How It's Used in Practice
In practice, attorneys verify appurtenances during title examination and property transactions. The attorney reviews: the deed language (identifying appurtenances conveyed with the property), the appurtenant easements (access easements, utility easements, and drainage easements that benefit the property), the water and mineral rights (confirming these rights have not been previously severed), the common area rights (particularly in condominium and HOA communities), and the survey (identifying physical improvements and access that depend on appurtenant rights). Common disputes involve: easements that the seller claims are appurtenant to the property but that are not documented in the public records, mineral rights that were severed by a prior owner and not disclosed, and water rights that are limited by permit conditions.
Key Takeaways
- Appurtenances: rights that attach to and transfer with property.
- Include: easements, water rights, air rights, mineral rights, parking.
- Pass automatically unless specifically excluded from the deed.
- Florida §689.01: conveyance includes all appurtenances.
- Verify during title exam; some rights may have been previously severed.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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