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Appurtenance
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Look up appurtenance in Wiktionary, the free dictionary.
An appurtenance is something subordinate to or belonging to another larger, principal entity, that is, an adjunct, satellite, or accessory that generally accompanies something else.[1] The word derives from Latin appertinere 'to appertain'.
Usage
[edit]In a legal context, an appurtenance refers to a right, privilege, or improvement belonging to or that accompanies a principal property.[1] For example, the Supreme Court of Minnesota has defined appurtenance as "That which belongs to something else. Something annexed to another thing more worthy."[2] Applying this definition, an empty portion of land behind an adjoining house that is regarded as that house's backyard may be an appurtenance to the house. The idea being expressed is that the backyard "belongs" to the house, which is the more significant of the two properties.
In Gestalt theory, appurtenance (or "belongingness") is the relation between two things seen which exert influence on each other. For example, fields of color exert influence on each other. "A field part x is determined in its appearance by its 'appurtenance' to other field parts. The more x belongs to the field part y, the more will its whiteness be determined by the gradient xy, and the less it belongs to the part z, the less will its whiteness depend on the gradient xz."[3]
In lexicology, an appurtenance is a modifier that is appended or prepended to another word to coin a new word that expresses "belongingness". In the English language, appurtenances are most commonly found in toponyms and demonyms, for example, 'Israeli', 'Bengali' etc. have an -i suffix of appurtenance.[citation needed]
See also
[edit]References
[edit]- ^ a b "Appurtenance" Archived 2018-02-17 at the Wayback Machine. Dictionary.com. Random House. Retrieved February 23, 2018.
- ^ "Cohen v. Whitcomb, 142 Minn. 20 (1919)". cite.case.law. Archived from the original on 2021-10-01. Retrieved 2021-10-01.
- ^ Koffka (1935) p. 246 qtd in Gilchrist, Alan (2006), Seeing Black and White, Oxford University Press, p. 63.
Appurtenance
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Definition and Etymology
Core Definition
An appurtenance is defined as an accessory object or item that belongs to or accompanies a principal entity, often serving as a subordinate or incidental component.[8] This term emphasizes a relationship of attachment or association, where the appurtenance enhances the utility or enjoyment of the main subject without being integral to its fundamental structure.[9] Key characteristics of an appurtenance include its secondary yet connected nature; it is typically treated as part of the larger whole for practical purposes, though it may be separable in concept.[10] In general usage, appurtenances denote possessions or features that are customary or expected accompaniments to a particular lifestyle or activity, such as the trappings of wealth.[8] Representative examples illustrate this subordination: a garage functions as an appurtenance to a house, providing auxiliary storage and access, while optional accessories like floor mats or roof racks serve as appurtenances to a vehicle.[9] Similarly, specialized tools or equipment can act as appurtenances to a trade, supporting its execution without defining its essence.[10] In legal contexts, such as property law, appurtenances often transfer automatically with the principal asset, but this general definition focuses on their broader, non-specialized role.[8]Linguistic Origins
The term "appurtenance" entered the English language in the early 14th century as a borrowing from Anglo-French apurtenance (circa 12th century) and Old French apartenance or apertenance, which derived from the Late Latin verb appertinēre, meaning "to pertain to" or "to belong to." This Latin root breaks down further into ad- ("to" or "toward") combined with pertinēre ("to belong" or "to be the right of"), itself formed from per- ("through") and tenēre ("to hold"). The word thus fundamentally conveys the idea of something attached or incidental to a larger entity, reflecting its etymological emphasis on affiliation and subordination.[11] The earliest recorded uses of "appurtenance" in English appear around 1300, primarily in legal texts associated with feudal land grants, where it denoted rights, privileges, or properties subsidiary to a principal holding, such as attached tenements or hereditaments. By 1377, it is evidenced in the poetic works of William Langland, marking its integration into broader Middle English literature, though its core application remained tied to denoting incidental belongings in legal and property contexts. Over the subsequent centuries, particularly by the 16th century, the term evolved to encompass wider subordinate or accessory meanings beyond strict legal bounds, extending to general adjuncts or appurtenances in everyday possessions, while retaining its foundational sense of inherent belonging.[12][11] This linguistic heritage influenced related terminology, notably the adjective "appurtenant," which emerged in late 14th-century Anglo-French as apurtenant and Old French apartenant, directly from the verb apartenir ("to appertain"). "Appurtenant" reinforced the noun's connotations by describing that which pertains or belongs, and it facilitated the formation of compounds in legal discourse, such as "appurtenant rights" or "appurtenant easements," embedding the root in specialized jargon while occasionally permeating non-legal compounds to signify accessory elements in broader English usage.[13]Legal Applications
In Real Property Law
In real property law, an appurtenance is defined as a right, privilege, or improvement that is attached to a principal estate in land and transfers with it upon conveyance, unless expressly excluded.[1] This concept encompasses both corporeal appurtenances, which are tangible items such as fixtures integrated into the property, and incorporeal appurtenances, which are intangible rights like easements or privileges that enhance the land's use. The principle ensures that the full value and utility of the property are preserved for subsequent owners, treating these elements as integral to the estate rather than separate personal property.[14] The doctrine of appurtenances originates from English common law, where it established that such rights and attachments "run with the land," meaning they bind successors in title and pass automatically in conveyances without needing specific enumeration.[15] This doctrine was codified and expanded in statutes like Section 62 of the English Law of Property Act 1925, which deems a conveyance of land to include all buildings, fixtures, easements, rights, and advantages appertaining or reputed to appertain to the land, operating to convey them by virtue of the Act unless a contrary intention is expressed.[16] Influencing American jurisdictions through shared common law heritage, similar automatic inclusion applies in U.S. real property transfers, where appurtenances transfer with the estate unless explicitly reserved, promoting efficiency in title passage and reducing disputes over incidental benefits.[14] Courts determine whether an item or right qualifies as an appurtenance through established tests focusing on annexation, adaptation, and intention, assessing if it "runs with the land" as part of the realty. The annexation test examines the degree and method of physical attachment to the property, evaluating whether removal would cause substantial damage or indicate permanence.[17] The adaptation test considers whether the item is suited to the land's particular use or purpose, such as specialized equipment enhancing agricultural or residential functions. Finally, the intention test weighs the objective intent of the parties at the time of attachment, inferred from factors like the annexor's relationship to the property, the item's nature, and any agreements, with courts prioritizing evidence that the parties meant for it to become a permanent part of the estate.[18] These tests collectively guide judicial decisions to classify items as realty, ensuring appurtenances support the property's ongoing enjoyment and value.[17]Fixtures and Improvements
In real property law, fixtures are tangible items that are permanently attached to the land or a structure on it, thereby becoming appurtenant to the property and losing their status as personal property. These include structures such as buildings, fences, and in-ground pools, which are considered integral to the real estate upon annexation. The classification of an item as a fixture typically relies on a three-prong test that evaluates the method of annexation, the adaptation of the item to the purpose of the property, and the intention of the party who annexed it. Under the method of annexation prong, courts assess the degree and permanence of attachment; for instance, a built-in dishwasher wired and plumbed into a kitchen is likely a fixture due to its invasive installation, whereas a freestanding appliance is not. The adaptation prong examines whether the item is suited to the property's use, such as heating systems customized for a specific building. The intention prong focuses on the annexor's objective at the time of attachment, inferred from circumstances like whether the item was installed for permanent enhancement rather than temporary use; a classic example is a custom window air conditioning unit bolted into a wall versus a portable one on wheels. Improvements, as a category of appurtenances, refer to additions or alterations to the land that enhance its value or utility and are treated as part of the real property, transferring automatically with the sale of the land unless explicitly excluded. Examples include driveways, landscaping features like planted trees, or structural upgrades such as a renovated garage. These improvements carry implications for property taxation, where they increase the assessed value of the land, and insurance, as they must be covered under the real property policy rather than personal belongings coverage.Rights and Easements
Appurtenant Easements
An easement appurtenant is a non-possessory interest in real property that grants the owner of a dominant estate the right to use the land of another, known as the servient estate, for a specific purpose benefiting the dominant estate.[19] This right is tied to the land itself rather than to a particular individual, distinguishing it from other property interests. Common examples include a right-of-way allowing access across neighboring property to reach a public road or a shared driveway facilitating entry to a residence.[20] A key characteristic of an easement appurtenant is that it "runs with the land," meaning it automatically transfers to subsequent owners of the dominant and servient estates upon conveyance of the property, binding successors without need for explicit mention in the deed.[21] Such easements are created through several methods: express grant or reservation in a deed or written instrument; implication from prior existing use where the parties intended the right to continue; necessity, arising when a landlocked parcel requires access over adjacent land; or prescription, established by open, notorious, continuous, and adverse use for the statutory period, typically 5 to 20 years depending on jurisdiction.[22] In contrast, an easement in gross is personal to the holder and does not attach to any land, making it generally non-transferable and non-binding on successors.[23] Appurtenant easements are classified as affirmative or negative based on their effect. Affirmative easements permit the dominant estate owner to actively use the servient estate in a specified manner, such as crossing it for access or installing utility lines for electricity or water supply, including riparian rights to draw water from adjacent streams.[24] Negative easements, which are less common, restrict the servient estate owner from certain actions to preserve benefits for the dominant estate, such as prohibiting construction that would obstruct a scenic view or interfere with solar access.[25]Transfer and Severance
In real property law, appurtenances are generally included in the conveyance of the dominant estate, transferring automatically to the new owner unless explicitly excluded. Standard deed language, such as "together with all and singular the rights, members, hereditaments, and appurtenances thereto belonging or in anywise appertaining," ensures that easements, fixtures, and other appurtenant rights pass with the property during sales, inheritance, or other transfers. This principle is codified in various U.S. state statutes, including California's Civil Code Section 1104, which states that a transfer of real property passes all easements attached thereto, and is reflected in the Uniform Simplification of Land Transfers Act, which promotes automatic inclusion to simplify property transactions.[26] Severance of an appurtenance, which detaches it from the dominant estate, requires specific legal actions and is not presumed to occur merely by a change in ownership. For appurtenant easements, severance can be achieved through methods such as executing a release deed by the easement holder, mutual agreement documented in writing, merger of dominant and servient estates under common ownership, or abandonment evidenced by non-use and intent over a statutory period, typically 20 years in many jurisdictions. Exceptions include express reservations in sales contracts or deeds, where the seller may retain specific appurtenances like mineral rights, as permitted under common law and statutes. Improper severance, such as failing to record a release, can lead to title disputes, clouding the property's marketability and potentially requiring quiet title actions to resolve. In modern contexts, the transfer and severance of appurtenances intersect with zoning, subdivisions, and environmental regulations, influencing how rights are preserved or divided. For instance, appurtenant mineral rights automatically transfer with surface estates unless severed by a prior reservation, but subdivision approvals under laws like the Federal Land Policy and Management Act may impose restrictions to prevent fragmentation that complicates resource extraction. Similarly, environmental easements, such as conservation restrictions under the Uniform Conservation Easement Act, are designed to be perpetual and appurtenant, resisting severance to protect ecological features during property divisions, though releases may be granted by regulatory bodies like state environmental agencies in exceptional cases.Other Contexts
In Psychology
In Gestalt psychology, appurtenance denotes the interaction or mutual influence between parts of a perceptual field, whereby elements appear to belong together, rendering subordinate components integral to the overall configuration.[27] This concept underscores how perceptual dependencies shape holistic experiences, such as when the color or shape of one area alters the perceived properties of adjacent regions in a visual scene.[27] Kurt Koffka elaborated on appurtenance in his seminal 1935 work, Principles of Gestalt Psychology, explaining it as the determination of a field part's appearance by its relational ties to other parts, emphasizing that no element exists in isolation but is defined through these dynamic affiliations.[28] For instance, Koffka described how appurtenance governs visual dependencies, where the illumination or texture of surrounding areas influences an object's perceived lightness, illustrating the principle's role in unifying disparate perceptual elements into coherent wholes.[29] This foundational idea has extended into cognitive psychology, informing studies on perceptual organization and motion perception, where a belongingness principle dictates that an object's displacement relative to its reference frame—rooted in appurtenance—governs its perceived trajectory.[30] In design principles, modern applications leverage appurtenance to enhance user interfaces by fostering perceptual grouping, ensuring subordinate elements like icons or textures contribute to intuitive holistic understanding without overwhelming the viewer.[31]In Linguistics
In linguistics, appurtenance refers to a relational concept encoded through grammatical structures that indicate affiliation, belonging, or subordination between linguistic elements, often manifesting in morphology and case marking. This notion underlies the formation of modifiers or affixes that express attachment or hierarchy, such as suffixes in demonyms that denote origin from a place or group. For instance, the suffix "-i" commonly forms demonyms in English and other languages to signal national or regional affiliation, as in "Israeli" for a person from Israel.[32] Similarly, toponyms and relational adjectives use such markers to convey appurtenance without implying strict possession. A prominent example appears in Semitic languages, where nisba adjectives—derived with the suffix -iyy (masculine) or -iyya (feminine)—form relational terms indicating origin, affiliation, or pertinence to a noun stem.[33] In Arabic, for example, "Baghdadi" denotes a resident or attribute related to Baghdad, illustrating how appurtenance structures encode social or geographic ties through adjectival derivation. This pattern extends to other Semitic languages like Hebrew, where equivalent formations express similar relational meanings. In English, broader applications include relational nouns like "appendage," which semantically implies something attached or subordinate to a principal entity, reflecting appurtenance in lexical semantics. Theoretically, appurtenance forms part of morphological studies examining how languages encode hierarchical or possessive relations, linking to the semantics of possession where a possessor-possessed asymmetry denotes belonging.[34] In classical languages, this is evident in the genitive case's "genitive of appurtenance," used to mark relations of affiliation or characteristic, as described in Sanskrit grammar where it distinguishes subordinate attachments from direct ownership.[35] Such structures highlight appurtenance's role in conveying nuanced subordination, integrating morphology with semantic interpretations of relation and hierarchy across languages.References
- https://en.wikisource.org/wiki/Sanskrit_Grammar_(Whitney)/Chapter_IV