Closings glossary

Appurtenance

A right or improvement that passes with the property when title transfers, such as an easement benefiting the parcel, a parking right or a fixture attached to the building.

What is an appurtenance in real estate?

Quick Answer

An appurtenance is a right or improvement that travels with the land and passes automatically to the buyer at closing. Easements benefiting the parcel, parking rights, water rights and permanently attached fixtures are the common examples, and a deed usually conveys them without naming each one.

The full definition

A right or improvement that passes with the property when title transfers, such as an easement benefiting the parcel, a parking right or a fixture attached to the building.

Which related terms should you know?

These are the terms that come up alongside appurtenance in the same file.

Easement
A right to use part of another owner's property for a specific purpose. Easements appear as exceptions on a title report and generally survive a sale of the land.
Fee simple
Ownership of land held indefinitely and freely transferable, subject only to recorded encumbrances and to government powers such as taxation, zoning and condemnation.
Deed
The instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what protects it against later purchasers.
Right of way
An easement granting passage across land. Recorded rights of way run with the property and are listed among the exceptions on a title report.
Covenant
A recorded promise or restriction that runs with the land and binds future owners. Restrictive covenants limit what the property may be used for or how it may be built on.

Where does appurtenance come up in a New York City closing?

A Brooklyn townhouse deed carries a rear-yard easement over the neighboring lot as an appurtenance, even though the easement itself is described only in a 1954 agreement.

What else should you read before closing?

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