What is ‘appurtenances’?
Find out the legal term
| Lack of understanding of legal terms may cause problems in dealing
with property |
Take care: Have an exact understanding of the legal terms that will be used
in property documents.
A lack of understanding of the legal terms used in property
documents could lead to trouble. It is best to accurately figure them out when
involved in transactions.
At times, even the title of a document may cause concern. You may have come
across “Indenture of Sale”, “Indenture of Lease” “Deed of
Indenture”, etc.
One may be wondering as to what is meant by indenture and how it is different
from deed.
Formerly, an indenture meant a document cut with serrated edges which will
fit with the counterpart of the document.
In other words, the copies so cut had indented edges which made forgery
difficult. Now, though the terminology is still used, this type of document is
practically non-existent.
At present, indentures can be taken to mean documents, usually in the nature
of a contract, which are signed by both or all parties concerned.
Contiguous
A Power of Attorney can start with wordings like “Know All Men By These
Presents…”
The term “Presents” indicates the “Deed” itself. Further, in
documents like Power of Attorney, one may come across “one or more lots”.
Originally, the term “lot” or “lots” indicated a parcel of land which
was usually divided. “Lots” also meant contiguous parcels of lands. You may
find this in usages such as “parking lot.”
The term “real estate” itself has come to mean immovable property.
It is used synonymously for lands, tenements, hereditaments and the rights
relating to immovable property as distinguished from personal property which is
basically not immovable.
Even in the above example, the word “Tenements” signifies property of a
permanent nature that can be held by a person.
It also means a house and other types of immovable property. The word
“hereditaments” indicates any property which can be inherited and includes
movable and personal property also.
One frequently comes across the word “Appurtenances” used in conveyances
such as Sale Deeds.
This means an interest or a right in a property incidental to the principal
right which is more valuable and important. The word “appurtenant” means
pertaining to or belonging to and is used in such sense in deeds and documents.
Easements
You will also find “Easement” and “Easements”in the Sale Deed. An
easement can be stated to be the right or a privilege that a person has on the
property of another. It also includes a right to enjoy a profit arising out of
an immovable property.
Usually, this is used in the context of indicating a right of way, pathways,
a right of air, a right of light passing through, etc.
“Licence” indicates grant of a right or an authority to do something in
the immovable property, which otherwise will be illegal or wrongful or unlawful.
It is basically in the nature of a permission.
This does not create any interest in the immovable property, but creates a
right or a privilege which is usually revocable. When acting under the right or
privilege, the person exercising it, known as “Licensee,” enjoys an immunity
for the acts done.
In a typical Sale Deed or a Deed of Conveyance, one also finds the usage
“Waterway” or Water Courses” including channels which are supplied with
water and also includes rivers, streams, canals, lines of drainage, culverts,
pipes and any body of water flowing in a definite course. It may be natural or
artificial.
In partition deeds and in title documents which could comprise court orders,
decrees etc, one may come across the term “Metes and Bounds.”
This is used to indicate or define or provide a description that details all
the boundary lines of the land, together with terminal points and angles.
The term “Admeasurement” or “Admeasuring” is used in the sense of
allocation or distribution and thus is employed where the actual extent of the
length and breadth of the property is given.
The word “Measurement” or “Measuring” is used to provide the estimate
of the area, as a physical quantity or characteristic.
There are several other terms and words which may appear innocuous and
apparently repetitive.
If you do not understand a particular usage, it is better to check with your
advocate or a person having knowledge of these terms and clear all doubts.
This is also necessary to understand the nature of transaction that you are
entering into. Presumption of vague notions may land you in trouble. As you are
aware, a single word can change the nature or understanding of the transaction
and there are several cases and matters which have been decided on the basis of
the wordings employed in the document where the interpretation of words, phrases
and terms by the courts have decided the fate of the parties.
Courtesy:
Property Plus, The Hindu
Learn your legal jargon
Importunity: A perpetual act of harassment/persuasion.
Testator: The owner of the property who makes the
Will.
Non-testamentary instruments: The documents based on
anything other than Will.
Testamentary: Based on Will executed by the Testator.
Intestate: Not disposed of by a legal Will.
Usufructuary: Of or relating to a situation wherein a
person or company has a temporary right to use and derive income from someone
else's property if not damaged.
Mortgator: One who mortgages property. Or the borrower
who is the transferor creates security as above on his immovable property in
favour of another.
Mortgagee: One who holds a mortgage. Or the creditor who is the transferee,
in whose favour the security is created on immovable property.
Codicil: An instrument made in relation to a Will, and explaining, altering
or adding to its dispositions, and forming part of the Will.
Probate: The copy of Will certified under the seal of a court of competent
jurisdiction with a grant of administration to the estate of the testator.
Actionable claim: A claim to any debt other than a debt secured under a
mortgage or hypothecation or pledge on any immovable or moveable property,
possession of which is given to person or institution that has given the loan.
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