appurtenant

a right not thus connected cannot be annexed as an incident to land so as to become appurtenant to it.

Pertaining to. See "Appurtenances."

Belonging to; pertaining to. The thing appurtenant must be of an inferior nature to the thing to which it is appurtenant; 2 Bla. Com. 19; U. S. v. Harris, 1 Sumn. 21, Fed. Cas. No. 15,315; Williams v. Baker, 41 Md. 523. A right of common may be appurtenant, as when it is annexed to lands in other lordships, or is of beasts not generally commonable; 2 Bla. Com. 33. Such can be claimed only by immemorial usage and prescription. See Appurtenances. APUD ACTA (Lat.). Among the recorded acts. This was one of the verbal appeals (so called by the French commentators), and was obtained by simply saying, appello. AQUA (Lat). Water. It is a rule that water belongs to the land which it covers when it is stationary. Aqua ccdit solo (water follows the soil); 2 Bla. Com. 18. But the owner of running water cannot obstruct the flow to the injury of an inheritance be- Kauffman v. Griesemer, 26 Pa. 413, 67 Am. Dec. 437; 2 Washb. R. P. 340. See Riparian Proprietobs. AQU/E DUCTUS. In Civil Law. A servitude which consists in the right to carry water by means of conduits over or through the estate of another. Dig. 8. 3. 1; Inst 2. 3; Lalaure, Des Serv. c. 5, p. 23. AQU/E HAUSTUS. In Civil Law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst 2. 3. 2; Dig. 8. 3. 1. 1. AQU/E IMMITTEND/E. In Civil Law. A servitude which frequently occurs among neighbors. It was the right which the owner of a house, built in such a manner as to be surrounded with other buildings, so that it has no outlet for its waters, had to cast water out of his windows on his neighbor's roof, court, or soil. Lalaure, Des Serv. 23. It is recognized in the common law as an easement of drip; Wadsworth v. Hydraulic Ass'n, 15 Barb. (N. Y.) 95; Gale & Whatley, Easements. See Easements; Drip. AQUAGIUM (Lat). A water-course. Cowell. Canals or ditches through marshes. Spelman. A signal placed in the aquagium to indicate the height of water therein. Spelman.

Belonging to; accessory or incident to. A thing to be appurtenant to another must be of a different and congruous nature, such as an easement or servitude, or some collateral incident belonging to and for the benefit of the land A thing corporeal cannot be appurtenant to a thing incorporeal, nor conversely; nor, strictly speaking, can land be appurtenant to land, or land to a house, though it may pass as such where that appears to be the intention.

Belonging to; accessory or incident to; adjunct, appended, or annexed to; answering to accessorium im the civillaw. 2Steph. Comm. 30 note. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or water-course, or of a passage for light, air, or heat from or across the land of another, Civil Code Cal. § 662. In common speech, appurtenant denotes annexed or belonging to; but in law it denotes an annexation which is of convenience merely and not of necessity, and which may have had its origin at any time, in both which respects it is distinguished from appendant, (q- v)

Belonging to, accessory thing incident to something else and may be either corporeal or incorporeal, grant, accession, or prescription.

[L. Lat. pcrtinens.] Belonging to; accessory or incident to. This word answers to the accessorium of the civil law. 2 Steph. Com. 30, note. Land is not properly appurtenant to a house, but it may pass by such words in a deed by reputation, in common parlance, and by the intent of the parties. 2 Crabb's Real Prop. 247, 8 1299. Cro, M91S. SSalk.AO. 2 Saund. 401 a. 2 Ckitty*s BL Com. 19, note (7). Nor can land, strictly speaking, be appurtenant to land. But a thing, to be appurtenant to another, must be of a different and congruous nature, such as an easement or servitude, or some collateral incident belonging to, and for the benefit of the land. Story, J., 1 Sumner's R., 21, 37. Plowd. 170. Co. Litt. 121 b. Thompson, J., 10 Peters* R. 25, 54. 1 Hilliard's Real Prop. 340.