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Appurtenant and Incidental Property Rights

An “appurtenance” is defined as a thing belonging to another thing as principal, and which passes as an incident to the principal thing.  For example an easement, which is an appurtenance to land, will pass to the grantee when the land in conveyed unless a contrary intention is disclosed by the deed of conveyance.  Incidental property rights include a right to divert water from a natural stream for use upon the land, to use water from a spring or well upon the land of another, or to use water from irrigation ditches, and will pass upon a conveyance of the land.

Although a grant of property will carry its actual existing appurtenances, it does not create any appurtenances.  As a general rule, title to land additional to that described in the deed cannot pass as an appurtenance.  Additions to the land by accretion or reliction which are not included within the actual boundaries of land conveyed will not pass by the conveyance as appurtenant or incident to the land conveyed.  Land may, however, be made appurtenant to other land by the intent and acts of the parties.

A quitclaim deed does not carry with it as an appurtenance or accessory any right of the grantor’s which would not pass by a warranty deed.  Thus, a quitclaim deed does not pass the right to accrued rent due from a tenant of the land.

Inside Appurtenant and Incidental Property Rights