appurtenances

everything essential to the beneficial use and enjoyment of the property designated is, in the absence of language indicating a different intention on the part of the grantor, to be considered as passing by the conveyance

Things belonging to another thing as principal, and which pass as incidents to such principal thing. 10 Pet. (U. S.) 25; 1 Serg. & R. (Pa.) 169; 117 Mo. 61; 61 N. Y. 390; 53 N. H. 508. Appurtenances must be of an inferior nature to the principal (16 Conn. 260), and must not only be appendant in utility, but there must be unity of right to both in the same person (29 Ohio St. 649). Appurtenances are distinguished from appendages in that the latter are those appendant things which become so by prescription, while the latter are those otherwise acquired. 1 Johns. Cas. ( N. Y.) 291; 11 Johns. (N. Y.) 498.

Things belonging to another thing as principal, and which pass as incident to the principal thing. Harris v. Elliott, 10 Pet. (U. S.) 25, 9 L. Ed. 333; Blaine's Lessee v. Chambers, 1 S. & R. (Pa.) 169; Cro. Jac. 121, 526; 1 P. Wms. 603; 2 Coke 32; Co. Litt. 5 b, 56 a, b; 2 Saund. 401, n. 2; 1 B. & P. 371; Grubb v. Grubb, 74 Pa. 25. See 13 Am. Dec. 657, note. The word has a technical signification, and, when strictly considered, is employed in leases for the purpose of including any easements or servitudes used or enjoyed with the demised premises. When thus used, to constitute an appurtenance there must exist a propriety of relation between the principal or dominant subject and the accessory or adjunct, which is to be ascertained by considering whether they so agree in nature or quality as to be capable of union without incongruity; Riddle v. Littlefield, 53 N. H. 50S, 16 Am. Rep. 388; Humphreys v. Mc Kissock, 140 U. S, 304, 11 Sup. Ct. 779, 35 L. Ed. 473. Thus, if a house and land be conveyed, everything passes which is necessary to the full enjoyment thereof and which is in use as incident or appurtenant thereto; U. S. v. Appleton, 1 Sumn. 492, Fed. Cas. No. 14,403. Under this term are included the curtilage; 2 Bla. Com. 17; a right of way; 4 Ad. & E. 749; water-courses and secondary easements, under some circumstances; Angell, Wat C. (7th ed.) § 153a; a turbary; 3 Salk. 40; and generally, anything necessary to the enjoyment of a thing; 4 Kent 468, n.; Simmons v. Cloonan, 81 N. Y. 557; but it is the general rule that land cannot pass as appurtenant to land; Harris v. Elliott, 10 Pet. (U. S.) 25, 9 L. Ed. 333; Helme v. Guy, 6 N. C. 341; Woodhull v. Rosenthal, 61 N. Y. 390; but it may pass, in order to give effect to the intent of a will; Otis v. Smith, 9 Pick. (Mass.) 293; and in Pennsylvania where first purchasers of 5000 acres from William Penn, the Proprietary, obtained city lots as an incident to their purchase, it was held that the lots passed as appurtenant to a grant of 5000 acres; Hill's Lessee v. West, 4 Yeates (Pa.) 142; also flats pass as appurtenant to the fast land on a river front; Risdon v. City of Philadelphia, 18 W. N. C. purtenant to a saw-mill; Grubb v. Grubb, 74 Pa. 25. See also Scheetz v. Fitzwater, 5 Pa. 126; Ott v. Kreiter, 110 Pa. 370, 1 Atl. 724. The mere use of the term "appurtenances," without more, will not pass a right of way established over one portion of land merely for convenience of the owner, it not being a way of necessity; Parsons v. Johnson, 68 N. Y. 62, 23 Am. Rep. 149. An elevator is not a common appurtenance to the railroads of the several companies having the stock of the elevator company; a certificate of stock in an independent corporation cannot be an- appurtenance to a railroad; Humphreys v. Mc Kissock, 140 U. S. 304, 11 Sup. Ct. 779, 35 L. Ed. 473, where, under a mortgage made by a railroad company, the term "appurtenances" was held to mean only such property as is indispensable to the use and enjoyment of the franchises of the company. If a house is blown down, a new one erected there shall have the old appurtenances; 4 Coke 86. The word appurtenances in a deed will not usually pass any corporeal real property, but only incorporeal easements, or rights and' privileges; Co. Litt. 121; 8 B. & C. 150; 2 Washb. R. P. 317, 327; 3 id. 418. See Appendant. Appurtenances of a ship include whatever is on board a ship for the objects of the voyage and adventure in which she is engaged, belonging to her owner. Ballast was held no appurtenance; 1 Leon. 46. Boats and cable are such; Briggs v. Strange, 17 Mass. 405; also, a rudder and cordage; 5 B. & Aid. 942; 1 Dods. Adm. 278; fishing-stores; 1 Hagg. Adm. 109; chronometers; 6 Jur. 910; see Richardson v. Clark, 15 Me. 421. For a full discussion, see 1 Pars. Marit. Law 71. See In re Bailey, 2 Sawy. 201, Fed. Cas. No. 723.

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[anciently written apperiinances; from L. Fr. apurtenaunces, (q. V.) L. Lat. appertinentia, pertinenticB.\ lliings belonging, appertaining or appurtenant to another thing as principal, (as a right of way, or other easement, to land; a right of common to a pasture; outhouses, bams and orchards to a house or messuage); and which pass as incident to the principal thing; in Scotch law, pertinents. The singular appurtenance is sometimes used. ' 'An appurtenance is something annexed to another thing more worthy." Story, J., 1 Sumner's R. 492, 495. Where a conveyance is made of a house " with the appurtenances,^' the garden, curtilage and close adjoining to the house, and on which the house is built, will pass with it, as being included in the word appurtenances; but no other land will pass, although usually occupied with the house.* 2 Saund. 401, note (2). 1 St^'ph. Com. 449. 2 Chitty's Bl. Com. 17, note (3). Hargr. Co. Litt. note 21, lib. 1. So, in the lease of a house, nothing will pass under the name of appurtenances, which has not been reputed or accepted as a parcel thereof. 2 Crabb's Real Prop. 246, 247, § 1299. In a devise, the word appurteivances is construed to mean whatever is necessary to the commodious enjoyment of a thing; and by a devise of a messuage, without the words " with the appurtenances" the garden and curtilage will pass, and, where the intent is apparent, even other adjacent property. 2 Powell on Devises, 190. 2 Saund. 401, note (2). 1 B. <fc C. 350. 2 Chitty's Bl Com. 17, note (3). Id. 19, note (7). See Appurtenant. A ship's boat is noi considered as an appurtenance of the ship, and will not pass with the ship under the word appurtenances. Big. 21. 2. 44. Roccus de Navibus et Naulo, not. 20. Abbott on Shipping, 5. 17 Mass. 405.