This post was last modified on July 24, 2025.
When you start learning about real estate, you’ll discover many specialized terms that are unique to this industry. One term that you’ll encounter frequently is “appurtenances.” Though this concept may appear complex at first, it’s actually straightforward once explained. Additionally, it plays a significant role in property ownership and accurate marketing. This blog post will discuss appurtenances, their definition, and how they relate to the broader real estate profession.
What is the Definition of an Appurtenance?
Appurtenances are additions to a property that have become permanent, such as improvements or rights integrated into the property. These additions are included in the property transaction and are often considered a bonus when buying a house. They are part of the larger entity and cannot be temporary items or personal equipment.
According to the exact definition of appurtenance, they are “property rights or items that are permanent and are passed along with the sale of the property.” By categorizing parts of the property as appurtenances, real estate transactions become much easier since these additions do not have to be separated from the property itself, which can lead to additional paperwork and expenses.
History of Appurtenances in Real Estate
Appurtenances became a defined term in the profession of real estate after the Cohen v. Whitcomb case in 1919. A heated debate occurred about whether a hot water heater, which the tenant installed, would still be owned by them or if it was now part of the property at large. Ultimately, the court decided that the hot water heater, classified as a “repair” and “improvement” to the property, now became a permanent part of the property itself and was technically owned by the landlord.
Can Appurtenances Be Removed?
To classify something as an appurtenance, it must be fixed to the building and not easily removable or replaceable. If removing it would cause significant damage to the property, it is considered an appurtenance. The permanence of the addition is crucial, which is why the term can sometimes be ambiguous.
Take fences as an example – they qualify as appurtenances since they’re anchored into the ground, and their removal would disturb or harm the landscape. In contrast, a baby gate placed by the stairs that can be easily moved is not an appurtenance. Similarly, an antenna attached to a chimney is an appurtenance, as removing it would cause damage.
Examples Of Appurtenances
Common examples of additions and repairs to a home that would be classified as appurtenances include
- Driveways
- Fences
- In-ground Swimming Pools
- Garages
- Barns
- Sheds
- Cabinets
- Septic Tanks
- Ceiling Fans
- Furnaces
An easy way to determine if something is or is not an appurtenance is to recognize whether it can be removed from where it has been placed and if the current owner is able to take this attachment with them when they move to another property. Anything attached via a plug or not built with the intention of being permanent is not considered an appurtenance, such as an above-ground pool designed to be temporary and can be moved without causing damage to the property.
For California real estate agents, understanding appurtenances becomes particularly important when working with different property types common in the state. Mediterranean-style homes with built-in outdoor kitchens, properties with solar panel installations, and homes with earthquake retrofitting improvements all present unique appurtenance considerations. When listing these properties, agents must clearly identify which features transfer with the sale to avoid disputes during closing. Additionally, California’s Transfer Disclosure Statement requires sellers to disclose the condition of various appurtenances, making accurate identification a legal necessity. New agents should pay special attention to items like whole-house generators, built-in wine cellars, and integrated smart home systems, as these expensive additions significantly impact property value and buyer expectations.
Beyond physical improvements to property, appurtenances can also include legal rights.
What Is An Appurtenant Easement?
An appurtenant easement refers to someone lending a part of their attached real property to another person for a specific purpose. It is an agreement made between two people to allow an outsider to traverse across parts of their property to get to another destination.
Example: A property owner with a driveway may allow someone else to walk or drive through it to reach another facility. This can sometimes be done without any exchange of money, or the landowner may require a one-time fee for granting access.
Appurtenant easements can include the right to use shared driveways or common areas like parks or swimming pools in a housing community. These easements are typically recorded in the property deed and can impact the property’s value.
Why Are Appurtenances Important in Real Estate?
Understanding appurtenances is important in real estate deals because they directly impact property value, legal ownership rights, and the transfer process. When buying or selling a property, it’s essential to consider all the appurtenances attached to it and understand its classification. Failure to recognize an appurtenance can result in legal disputes or additional expenses.
Moreover, appurtenances can also affect the use and enjoyment of the property. For example, suppose an appurtenant easement allows someone to cross through the property at specific times. In that case, it can limit the owner’s privacy and restrict the use of the property.
Summary
Appurtenances are permanent additions to a property, such as improvements or rights that become part of the larger property entity. They cannot be temporary items or personal equipment. Appurtenances can impact the property’s value, ownership, and transfer, making it essential to consider them during real estate transactions. Knowing how to identify and classify appurtenances helps real estate professionals, buyers, and sellers avoid complications and complete transactions smoothly.
Learn More About Appurtenances
Appurtenances are just one of hundreds of terms which you’ll master as you study for your real estate license. The pre-license course from Chamberlin Real Estate School presents terms in a way that makes them easy to understand and remember. Any time you have questions, whether about terminology or fundamental concepts in real estate, you’ll have a live instructor available to help you as you prepare to become a Real Estate Agent. Start your journey today!
