Appurtenance

Appurtenance (pronounced uh-pur-tn-uhns)

(1) Something subordinate to another, more important thing; adjunct; accessory.

(2) In property law, a minor right, interest or privilege, or improvement belonging to and passing with a principal property upon transfer of title.

(3) The apparatus or instruments of a trade, art or profession.

(4) In classical grammar, a modifier that is appended or prepended to another word to coin a new word that expresses belonging (obscure to the point it's used in this context only between consenting grammar Nazis).

1350-1400: From the Middle English appurtenance, from the Anglo-Norman appurtenance (right, privilege or possession subsidiary to a principal one (especially in law); a right, privilege, or "an improvement belonging to a property), from the twelfth century Old French apartenance & apertenance; present participle of apartenir (be related to), from the Late Latin appertinere (to pertain to, belong to), the construct being ad (to) + pertinere (belong; be the right of (and related to the Modern English pertain)), the ultimate root the Latin appertineō (I belong, I appertain).  In the late fourteenth century (in the plural appurtenances) it acquired the meaning "apparatus, gear; tools of the trade", used in the sense now "kit" is often applied.  The adjective appurtenant emerged also in the late fourteenth century in the sense of "belonging, incident, or pertaining to", from the Anglo-French apurtenant, from the Old French apartenant & apertenant, present participle of apartenir (be related to).  Appurtenance is a noun and appurtenant is a noun & adjective; the noun plural is appurtenances.

Even in the twenty-first century, the matter of what is or is not appurtenant to a property can end up in court.  Typically the cases involve certain things being removed from the property after the agreement to purchase was executed.  The case law on these matters document where sellers have removed things like rose bushes, curtains, a decorative letter-box, garden gnomes and wall-hung ceramic ducks.

There’s long been general understanding about the general meaning of appurtenance but, at the margins, there are always lawyers prepared to test the waters.  In Attorney General of Canada v Western Higbie ([1945] Supreme Court of Canada 385), Thibaudeau Rinfret (1879–1962; Chief Justice of Canada 1944-1954) proposed as a definition: “Things belonging to another thing as principal, and which pass as incident to the principal thing.”  The effect he suggested, world be “In general everything which is appendant or appurtenant to land will pass by any conveyance of the land itself, without being specified, and even without the use of the ordinary form with the appurtenances at the end of the description."  Rinfert CJ appeared to suggest the appendix of appurtenances appended usually to the form of transfer either need not exist or need not be wholly inclusive, the implication being it could be used as a place to list those items not thought appurtenances, although, given even his helpful definition didn’t descend to specifics, lengthy appendices might still be expected.

Lindsay Lohan photographed by Life & Style magazine "at home" during one of her court-ordered stays "at home", June 2011.

In this photograph, of that which is "easily" removable, probably only the downlight, stair-rail and electrical switches would be thought appurtenant to the property whereas the the painting, furniture & items on the shelves (as "mere chattels") would not.  Light-fittings are a good example of how the distinction is drawn.  As a general principle, a light fitting is appurtenant if permanently installed and "wired into" the property's wiring system while a free-standing lamp which plugs into a wall-socket is not.  However, disputes can arrive and courts have had to decide, on the facts of each case, if a chandelier is appurtenant.  They've had to adjudicate too in instances where a property is sold "fully furnished" and might thus be called upon to rule on something like the fruit bowl.  Few would doubt the fruit would not be covered by the doctrine but, depending on the circumstances, the fruit bowl might be found so; it would depend on the facts of the case (representations made; photographs or videos in which "fully-furnished" was mentioned etc).  However, the doctrine of appurtenance need not be absolute and is subject at contract to agreement between the parties.  Provided the usual rules of contract are followed, (certainty of terms, lack of coercion etc) either within the documents of sale or as a collateral contract, buyer & seller can agree to exclude items which would usually be held appurtenant or explicitly include "mere chattels" on that basis.  Properly constructed, courts will enforce such contracts.