An appurtenance is a feature peculiar to the property, a definite amenity owned at least partly in conjunction with the ownership of the subject property, and yet which is not really a part of the actual parcel of real estate. You could say that the appurtenance lies partly or completely outside of the physical boundaries of the said property.

A good example of an appurtenance would be a boat dock that lies off to the side, adjacent to either neighboring or vacant real estate. The boat dock is not physically attached to the house or the grounds that legally belong to the house, but the dock is nevertheless an amenity that belongs to the house and will change ownership when the house itself sells.

And so this feature is considered an actual part of the property to be conveyed in the same manner as any other part of the real estate, and the owner has to be able to reach the boat dock to use it. So, there must exist a right of easement possessed by the owner of this property from the nearest boundary to the object of appurtenance. Both this appurtenance and its easement must be cited in warranty deed as belonging to the owner of this real estate.

Be warned, however, if your property contains such an appurtenance, although you rarely or never use it, and your neighbor builds a fence, make sure that you settle the situation at once. There are adverse possession laws that state that if a piece of real estate has been claimed for a said number of years without contest, the real estate can be sued for and one without having been purchased.

This means that if the neighbor builds the fence and you do not contest his right to do so for the length of time allowed in your area, but when you want to sell the house you request he remove it so that you can show the boat dock to the potential buyers, he might be able to sue for possession rights of the easement and win. You have lost the boat dock.