Is A Retaining Wall An Appurtenant Structure?
Is A Retaining Wall An Appurtenant Structure?
No, a retaining wall is not an appurtenant structure. An appurtenant structure is a building or other vertical construction with one or more levels that attaches to the foundation of some other older building.
That is different from appurtenance, which means an accessory to, or an addition made to, another object without being a structural part of it.
Also, the rules state that an appurtenant structure is any freestanding or attached and subordinate structure including but not limited to any addition, patio, porch, deck, garden room, garage, or other parking areas that is located on the same lot as and within five feet of a single-family residential real property.
This definition is inclusive rather than exclusive; this means that it does not mean that there are only certain structures that meet these requirements.
Are Appurtenant Easements Transferable?
Yes, appurtenant easements can be transferred. The value of the easement is also transferable. An appurtenant easement can be transferred to someone by deed. However, the restriction on the land is not transferable.
Only the right to use the burdened property can be transferred. Also, the appurtenant easement is an easement acquired by purchase, gift, or inheritance and related to the use or enjoyment of adjoining real property.
Examples of appurtenant easements include:
- A grantor conveys one-half of his grant to a grantee and grants the other half of the grant to him as an easement,
- A business transfers property to its partner and gives him an easement in the building it owns so that he can operate both the business and a separate barber shop or hair salon, or
- A hospital acquires land for a parking lot and gives it to its partners; each partner carries out its own purpose for this land.
Does The Appurtenant Run With The Land?
Yes, the appurtenant easement or restriction runs with the land.
The appurtenant easement has been transferred to the grantee with a deed and is therefore considered to run with the land.
If an appurtenant easement has not been transferred, but the remaining property still contains a right of way, this right of way still runs because it was acquired at one point in time by means of a legal procedure. Also, if a court deems it useful, the court can give an appurtenant easement to a property owner.
Secondly, the state or local government can create the appurtenant easement and run with the land. For example, the road in a subdivision creates an appurtenant easement to travel along certain routes; however, the neighbors are not allowed to build fences or other structures that would block the road.
The appurtenant easement and its rules prevent a property owner from doing something harmful to the land that is next to his or her property. The appurtenant easement and its rules are thus considered an interest in real estate.
Thirdly, an appurtenant easement can be implied by the operation of law – the rule of law.
Is A Driveway An Appurtenant Structure?
No, the rules that apply to an appurtenant structure do not apply to a drive at all. Although a drive is located within the boundary of a lot, it does not have the same legal characteristics as an appurtenant structure because it does not have the same role within the land.
Therefore, the rules that apply to an appurtenant structure do not apply to a drive at all. Also, the rules are different for drives than for sidewalks if a drive is considered a sidewalk.
Secondly, a right of way is not considered a structure, so the rules that apply to an appurtenant structure do not apply to the right of way.
A driveway may be included in an easement but is property owned by the government so that it may be sold or transferred. Similarly, a paved road is government property and will pass from one owner to another without meeting any terms that are different from those for other easements.
Is An Easement Appurtenant Real Property?
Yes, an easement is an appurtenant interest in real property. In this case, the easement is a right over another person’s land and to use his or her land for a particular purpose. So it is appurtenant to his or her land; it attaches to it.
Also, the easement may be a restriction of use, such as an easement for a driveway. The easement may be an interest in land that is subject to the rules of ownership, such as an interest in land that the government has sold to a private owner.
Secondly, an easement may be a right to use another person’s property, such as a utility company’s right to run power lines over private property.
The easement is an interest in the land; it restricts how the owner of the burdened land uses his or her property. The rule is different for restrictions that are not appurtenant, like those that are imposed by deed.
Are Implied Easements Appurtenant?
Yes, implied easements are appurtenant. An implied easement is an easement that is created by the operation of law. If an easement is so well established that it has become a part of the land itself, it has the same status as any other interest in real property.
Also, an easement that the law makes today will remain with the land and be appurtenant to it in future times.
Secondly, an appurtenant easement can be created by a personal covenant. For example, a property owner may promise not to build in certain areas or keep certain areas free from debris; the law considers these personal covenants valid and binding until they are broken.
Thirdly, an implied right of way can be appurtenant to real property. A right of way can be implied by the actions of one or both parties who need it for their property.
The easement is created in a situation when both parties have agreed to it; only then does it become a part of the land that is subject to the rules that usually apply to appurtenant easements.
Does An Easement Appurtenant Run With The Land?
An easement appurtenant to real property is given by deed with a description of the easement and is considered appurtenant. An easement appurtenant to land can be created by the operation of law, although it may seem that it is created retroactively.
Examples include the creation of easements for drainage and utility lines and for access to water wells. Also, an easement appurtenant to real property does not run with the land.
Secondly, easements appurtenant to real property are created by the operation of law. When an easement appurtenant to land is created today, it runs with the real property and is considered appurtenant. The rules of an easement that differ from those of an easement created in another time do not apply.
Is A Carport An Appurtenant Structure?
A carport is considered an appurtenant structure because it is closely related to the house. It may also be considered a structure in and of itself because many carports have interior walls and ceilings, allowing the carport to be used as a living space.
Carports are closely related to houses and can be considered part of the house if they are attached to the house. The creation of a carport does not require any documentation because it is subject to ownership rules like other structures that are in place before legal documentation exists.
Also, the rules that apply to each part of the carport differ from those that apply to the house. For example, a carport is structured differently from a fence. A fence is allowed on property lines; however, it belongs to the landowner and is not appurtenant to anything else.
If a fence touches onto another structure or enters into someone’s pocket yard, it will block the driveway and needs permission from the owner of that structure or property.
Is A Detached Garage An Appurtenant Structure?
A detached garage is considered an appurtenant structure. A detached garage attached to a house may be included in the description of the property tax records. The garage is usually included in the description of the property as an outbuilding.
If there is no separate legal description for the house, it may be difficult for a person to prove that he or she has title to all of their property. Also, a garage that is not attached to a residence may lose its protected status in several ways.
The detached garage may be subject to the rules of all structures within property lines.Also, if a structure is not described in any documents and is considered part of the house, it can be transferred as part of an estate. For example, if the house is sold, the garage will also pass with it.
Is A Swimming Pool An Appurtenant Structure?
A swimming pool is not considered an appurtenant structure, even if it is built within the bounds of a house’s property. In most jurisdictions, pool ownership is separate from house ownership. Some jurisdictions may have one set of laws that apply to houses and another that applies to swimming pools.
Also, the sale of a house does not transfer the ownership of an aboveground pool that is built within the property’s bounds. However, if the house owner builds a swimming pool, he or she may be able to use it in profits from the property sale.
For example, a homeowner has built his or her own pool on her property. If that person sells their home, they may be able to take their pool with them to their new home.
Which Is An Example Of An Easement Appurtenant?
- A Street that is public- access easement to a residence.
- A sidewalk that is public
- A right of way used by a utility line
- A park that belongs to the city
- A driveway that is appurtenant to the house
- An easement for a fence used to limit the size of a yard or for screening purposes
- An easement that runs with the land
- An easement in an alley-
- A wall that is appurtenant to the house
- A retaining wall that is appurtenant to a building
Are Easements Appurtenant Assignable?
Most easements are assignable. Several are not assignable. The easement is assignable if it may be sold, gifted, devised, inherited, or otherwise transferred. The assignment of easements is governed by a number of variables, the most important of which is whether the easement is in gross or appurtenant.
If one person owns a property, the easement is part of the land and is transferable with real estate. However, the rules behind certain easements may prevent them from being assigned. For example, an easement for a telephone line needs to be connected to a working phone line in order for it to be considered valid.
