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Appurtenances

pa, pass, ed, land, appurtenance and grubb

APPURTENANCES. Things belonging to another thing as principal, and which pass as incident to the principal thing. Harris v. Elliott, 10 Pet. (U. S.) 25, 9 L. Ed. 333 ; Blaine's Lessee v. Chambers, 1 S. & R. (Pa.) 169; Cro. Jac. 121, 526; 1 P. Wms. 603; 2 Coke 32 ; Co. Litt. 5 b, 56 a, b; 2 Saund. 401, n. 2; 1 B. & P. 371; Grubb v. Grubb, 74 Pa. 25. See 13 Am. Dec. 657, note.

The word has a technical signification, and, when strictly considered, is employed in leases for the purpose of including any easements or servitudes used or enjoyed with the demised premises. Wheh thus used, to constitute an appurtenance there must exist a propriety of relation between the principal or dominant subject and the ac cessory or adjunct, which is to be ascertain ed by considering whether they so agree in nature or quality as to be capable of un ion without incongruity ; Riddle v. Little field, 53 N. H. 508, 16 Am. Rep. 388 ; Hum phreys v. McKissock, 140 U. S. 304, 11 Sup. Ct. 779, 35 L. Ed. 473.

Thus, if a house and land be conveyed, everything passes which is necessary to the full enjoyment thereof and which is in use as incident or appurtenant thereto ; U. S. v. Appleton, 1 Sumn. 492, Fed. Cas. No. 14,463. Under this term are included the curtilage; 2 Bla. Com. 17; a right of way; 4 Ad. & E. 749; water-courses and secondary easements, under some circumstances; Angell, Wat. C. (7th ed.) § 153 a ; a turbary ; 3 Salk. 40; and generally, anything necessary to the en joyment of a thing ; 4 Kent 468, n.; Simmons' v. Cloonan, 81 N. Y. 557; but it is the general rule that land cannot pass as appur tenant to land; Harris v. Elliott, 10 Pet. (U. S.) 25, 9 L. Ed. 333; Helme v. Guy, 6 N. C. 341; Woodhull v. Rosenthal, 61 N. Y. 390; but it may pass, in order to give effect to the intent of a will ; Otis v. Smith, 9 Pick. (Mass.) 293; and in Pennsylvania where first purchasers of 5000 acres from William Penn, the Proprietary, obtained city lots as an incident to their purchase, it was held that the lots passed as appurtenant to a grant of 5000 acres ; Hill's Lessee v. West,

4 Yeates (Pa.) 142 ; also fiats pass as ap purtenant to the fast land on a river front ; Risdon v. City of Philadelphia, 18 W. N. C. (Pa.) 73 ; and the land covered by the wa ter used for water power will pass as ap purtenant to a saw-mill ; Grubb v. Grubb, 74 Pa. 25. See also Scheetz v. Fitzwater, 5 Pa. 126; Ott v. Kreiter, 110 Pa. 370, 1 AU. 724.

The mere use of the term "appurtenances," without more, will not pass a right of way established over one portion of land merely for convenience of the owner, it not being a way of necessity; Parsons v. Johnson, 68 N. Y. 62, 23 Am. Rep. 149.

An elevator is not a common appurtenance to the railroads of the several companies having the stock of the elevator company; a certificate of stock in an independent cor poration cannot be an appurtenance to a railroad; Humphreys v. McKissock, 140 U. S. 304, 11 Sup. Ct. 779, 35 L. Ed. 473, where, under a mortgage made by a railroad com pany, the term "appurtenances" was held to mean only such property as is indispensable to the use and enjoyment of the franchises of the company.

If a house is blown down, a new one .erected there shall have the old appurte nances; 4 Coke 86. The word appurtenanc es in a deed will not usually pass any cor poreal real property, but only incorporeld easements, or rights and privileges; Co. Litt. 121; 8 B. & C. 150; 2 Washb. R. P. 317, 327; 3 id. 418. See APPENDANT.

Appurtenances of a ship include whatever is on board a ship for the objects of the voy age and adventure in which she is engaged, belonging to her owner. Ballast was held' no appurtenance; 1 Leon. 46. Boats and ca ble are such; Briggs v. Strange, 17 Mass. 405; also, a rudder and cordage; 5 B. & Ald. 942; 1 Dods. Adm. 278; fishing-stores; 1 Flagg. Adm. 109; chronometers; 6 Jur. 910; see Richardson v. Clark, 15 Me. 421. For a full discussion, see 1 Pars. Marit. Law 71. See In re Bailey, 2 Sawy. 201, Fed. Cas. No. 728.