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Appurtenances

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[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.