What Is an Appurtenance?
An appurtenance is anything that is legally attached to the land and "runs with the land." When a piece of real estate is sold, all appurtenances automatically transfer to the buyer via the deed, even if they are not explicitly mentioned in the purchase contract. The concept is based on the idea that the property would be less useful or less valuable without these attached rights or improvements.
Types of Appurtenances
Appurtenances fall into two main categories in Florida law: physical and legal.
Physical Appurtenances
- Fixtures — Items of personal property permanently attached to the building (e.g., custom cabinetry, HVAC systems, plumbing).
- Improvements — Structures built on the land, such as houses, barns, fences, and swimming pools.
- Trees and vegetation — Plants rooted in the ground are appurtenances. (Potted plants are chattel).
Legal/Incorporeal Appurtenances
- Easements Appurtenant — The right to cross a neighbor's land for access (a driveway easement). If you sell your landlocked property, the right to use the neighbor's driveway transfers to the new owner.
- Riparian Rights — The legal rights of a waterfront property owner to access and use the adjacent navigable water.
- Parking spaces — In a condominium, an assigned parking space or storage locker is often an appurtenance to the specific unit.
Appurtenances in Title and Deeds
Standard Florida warranty deeds include language stating that the property is conveyed "together with all the tenements, hereditaments, and appurtenances thereto belonging." This boiler-plate language ensures that the buyer receives not just the dirt, but all the rights and improvements necessary to use the property as intended.
Related Terms
- Easement Appurtenant — A right of way that belongs to the land
- Fixture — A physical appurtenance attached to the building
- Riparian Rights — Water rights that run with the land
- Deed — The instrument that conveys the land and its appurtenances
Barnes Walker Real Estate Services
Barnes Walker's real estate attorneys ensure that deeds and contracts properly capture all appurtenances, easements, and rights associated with a property. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC