Appurtenances in Florida Real Property
An appurtenance is a right, privilege, or physical feature that belongs to and transfers with real property. In Florida, appurtenances are integral parts of property ownership that pass automatically to the buyer unless specifically excluded from the transaction.
Common Florida Appurtenances
Florida properties carry numerous appurtenances. Easements benefiting the property (such as a driveway easement over a neighbor's land) are appurtenant rights. Assigned parking spaces and storage units in condominiums are appurtenances to the unit. Dock and boat slip rights in waterfront communities transfer with the lot. Air rights and development rights attached to the parcel are also appurtenances.
Transfer and Severance
Florida deeds typically include "together with all appurtenances" language, but even without it, appurtenances transfer by operation of law. Certain appurtenances, such as mineral rights, can be severed and retained by the seller through an express reservation in the deed. Buyers should review the title commitment, survey, and governing documents to understand which appurtenances attach to the property they are acquiring.
Related Terms
Barnes Walker Real Estate
Barnes Walker advises on property rights, appurtenances, and easement issues throughout Southwest Florida. Contact our real estate team for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC