What Is an Appurtenance in Real Estate? Definition and Examples
What is an appurtenance in real estate? A clear definition, examples like easements, water and mineral rights, what isn't one, and how it's tested on the exam.
By PSI Exams Prep Editorial Team 5 min read
What is an appurtenance in real estate?
An appurtenance is a right, privilege or improvement that belongs to a property and passes with it when ownership transfers. Easements that benefit the land, water rights, and mineral and air rights that haven't been sold off are typical examples. Appurtenances “run with the land,” so the buyer gets them automatically with the deed. That's why many deeds say the property is conveyed “together with all improvements and appurtenances.”
On the real estate exam, appurtenance comes up within the definition of real property: land, plus improvements attached to it, plus the rights that go with ownership. Some textbooks use appurtenance only for the rights, and others include improvements such as buildings and fences. Either way, the test is whether it belongs to the land and transfers with it.
What are examples of appurtenances?
| Appurtenance | What it means | Example |
|---|---|---|
| Easement appurtenant | A right to use a neighbor's land that benefits your parcel (the dominant estate) and burdens theirs (the servient estate) | A shared driveway across the lot next door to reach the street |
| Water rights | Rights to use water bordering or crossing the land; riparian rights cover rivers and streams, littoral rights cover lakes and oceans | A lakefront owner's right to reasonable use of the lake |
| Mineral rights | Rights to what lies below the surface, such as oil, gas and minerals | Rights that pass with a farm unless sold separately |
| Air rights | Rights to the space above the land, within legal limits | Development rights over a low building in a city |
| Improvements and fixtures | Permanent structures and items attached to the land (treated as part of the real property) | A house, garage, fence or built-in irrigation system |
| Rights in common areas | Rights that come with a unit in a condominium or planned development | Use of the pool, hallways and an assigned parking space |
What isn't an appurtenance?
- Easement in gross: it benefits a person or company, like a utility line easement, rather than a neighboring parcel, so it doesn't attach to any land as an appurtenance.
- License: personal, revocable permission to use land, such as a ticket to park in a lot. It doesn't transfer.
- Personal property: movable items like furniture, and crops planted by a tenant (see emblements).
- Severed rights: if a previous owner sold the mineral rights, they belong to someone else now and don't pass to the buyer of the surface.
Quick memory aid
How does it show up on the real estate exam?
Appurtenance questions usually sit in the property ownership section of the national portion. Expect to:
- pick which item is (or isn't) an appurtenance;
- decide what passes to a buyer when the deed doesn't mention a right;
- tell the dominant estate from the servient estate in an easement scenario;
- distinguish riparian from littoral water rights.
These are fast points once the vocabulary is clear. For a full plan covering every content area, see how to pass the PSI real estate exam.
Practice questions
Question 1. Maria sells her house. Her deed doesn't mention the recorded right-of-way she has used for years to cross her neighbor's lot to reach the street. After closing, who has the right to use that right-of-way?
- A. Maria, because she created the easement
- B. The buyer of Maria's house
- C. The neighbor only
- D. No one; the easement ended at the sale
Show answer
Answer: B. A recorded easement appurtenant runs with the dominant estate, so it passes to the buyer automatically, even if the deed doesn't mention it.
Question 2. Which of the following is NOT an appurtenance?
- A. Riparian water rights
- B. An easement appurtenant
- C. A utility company's easement in gross
- D. Mineral rights that have not been severed
Show answer
Answer: C. An easement in gross benefits a person or company rather than a parcel of land, so it isn't attached to any property as an appurtenance.
Try a free real estate practice test
25 exam-style questions with instant answers and explanations. No sign-up needed.
Master every real estate exam term
Practice 400 real estate questions, with explanations for every answer and topic mastery tracking.
Start practicing freeFrequently asked questions
What is an appurtenance in real estate?
Is a fence or a garage an appurtenance?
Do appurtenances transfer automatically when a property is sold?
Is an easement in gross an appurtenance?
PSI Exams Prep is an independent study tool and is not affiliated with or endorsed by PSI Services LLC. Exam details change and vary by state. Always confirm requirements in the official Candidate Information Bulletin for your exam.
