Real Estate Apputenance 101: Expert Insight To Permanent Home Additions

Definition of Appurtenances in Real Estate

LEGAL DEFINITION OF APPURTENANCE:

The legal term “appurtenance” refers to something attached to or that goes with a property. Appurtenances are considered a part of that property. They are permanent property additions.

To put it in plain english:

An “appurtenance” is something that belongs to and goes with a property, like a garage or a right to use a pathway, and it stays with the property when it’s sold.

Appurtenances are different from a fixtures. This is key and I will highlight the differences shortly.

They Can Be Physical or Property Rights:

An appurtenance can be a physical object, like a shed or a garage. Alternatively, appurtenances can be a right, like an easement or a water right.

Check out some common examples of appurtenances.

Understanding Apputenances in Real Estate

You must understand that appurtenances are transferred with the property when it is sold. This happens automatically unless specified otherwise – perhaps in a rider to the original contract.

In the world of real estate, appurtenances are like the sidekicks to your property. Let’s use some famous superheroes as an analogy to understand appurtenances a little more clearly.

Think of your house as Batman and the appurtenances are Robin.

For example: A driveway is an example of a physical appurtenance.

If you have a driveway that leads to your garage, that driveway is an appurtenance. It’s part of your property. When you sell it will stay with the real property.

Here’s an example of a property right that is also an appurtenance:

A community pool, clubhouse, or pickleball courts. If you have the right to use a community pool or any other amenities in your neighborhood, those rights are also real estate appurtenances.

Now, you might be wondering, what makes something an appurtenance? Hold on tight, because we’re about to dive into the criteria that define these handy helpers!

NB: When you need to sell your house fast it is imperative to include all value adds on the real property to attract the best and largest pool of buyers.

These are the Criteria to be Considered an Appurtenance

For something to be considered an appurtenance in real estate, it typically needs to meet the following criteria:

Permanence: The item or right must be permanent and not temporary. It should be intended to remain with the property indefinitely.
Related to the Property: The appurtenance must be related to the property’s use or enjoyment. For example, a garage or a fence that serves the main property.
Transferability: Appurtenances are transferred along with the ownership of the property. When the property is sold, the appurtenances are included in the sale unless specifically excluded.
Legality: The appurtenance must be legal and comply with local laws and regulations. Illegal structures or rights cannot be considered appurtenances.

By meeting these criteria, an item or right becomes an integral part of the property, and therefore is an appurtenance.

Common Examples of Appurtenances

Common examples of appurtenances in real estate include:

Driveways and Access Roads: These provide access to the property and are considered a part of it.
Fences and Walls: These are physical structures that are attached to the land and are considered part of the property.
Garages and Sheds: Outbuildings that are used for storage or parking are considered appurtenances.
Easements: Rights to use a portion of another person’s property, such as a right-of-way or a utility easement, are considered appurtenances in real estate.
Water Rights: Rights to use water from a river, stream, or well on or near the property are appurtenances.
Landscaping: Trees, shrubs, and other permanent landscaping features are considered part of the property.
Mineral Rights: The rights to extract minerals from the land are considered appurtenances.

These are just a few examples, and the specific appurtenances that come with a property can vary depending on the location and the nature of the property.

NB: A condemnation in real estate is not an appurtenance but an entirely different and sticky situation that typically does not add value but instead annoyance and frustration!

Difference Between a Fixture and Appurtenances

As we have discussed, appurtenances are permanent improvements to a property that can be either physical or property rights.

It is easy to differentiate an appurtenance that is a property right from a fixture. For example:

The right to use a pool is an appurtenance, versus a new vanity light is a fixture.

But how do you define the difference between fixtures and physical appurtenance?

It’s hard.

This is especially true because a fixture can be appurtenant. Many fixtures are built in, add real value, and would damage the property if removed. If the fixture meets these criteria, it is also an appurtenance.

An example of an appurtenant fixture would be kitchen cabinets or a built-in media center.

Let’s compare a list of physical appurtenances to standard fixtures to see if that helps clarify the differences.

The line is blurry when comparing fixtures with physical improvements in appurtenances.

List Of Common Appurtenances	List Of Common Fixtures
Driveway	Vanity Light
Garden Shed	Ceiling Fan
Fence	Kitchen Cabinets
In Ground Swimming Pool	Toilet
DADU	Curtains

The Importance of Advertising Your Appurtenances When Selling Any Real Estate

When selling real estate, it’s essential to highlight all value propositions. If you don’t you run the risk of not selling and having to withdraw your listing!

Highlighting appurtenances can result in selling your real estate fast and for more cash.

Trust me, I know because I have done it myself!

This is especially true in a state like Colorado, where a seemingly worthless piece of land could have mineral rights to oil or gold!

Advertising additions to the real property that the new owner can use is critical, especially when they are less noticeable.

A big shed in the back of a detached additional dwelling unit might be readily visible, but water rights or an easement to a seemingly landlocked property might not be.

Because of these points, you must advertise any appurtenances in your property house, no matter how big or small they may seem. If you don’t, you could leave some serious cash on the table because an appurtenance could add real value to what you are selling.

Should my realtor list all appurtenances in the purchase agreement when I submit an offer to buy a house?

Yes, it’s a good idea for your realtor to list all appurtenances in the purchase agreement when you submit an offer to buy a house.

This ensures a clear understanding of what is included in the sale and helps avoid any confusion or disputes later on.

Any good realtor looking to cash in and get their commission should do this without asking.

Appurtenances can add value to the property and may be necessary to you as the buyer, so having them explicitly mentioned in the agreement is essential.

Conclusion

In conclusion, understanding the definition of the real estate term appurtenances is critical to knowing exactly what you’re getting when you buy or sell a property.

These are the extras and bonuses that come with the main attraction – your property.

From parking spaces to rights to use common areas, appurtenances can add significant value and convenience to your real estate experience.

If you have unsold property going back on the market, or are about to list a house for sale make sure to write down all of the value adds – especially if they are not obvious like a building.

So, pay attention to the appurtenances next time you’re involved in a property transaction. They might be the cherry on top of your real estate sundae!