Chapter 4 - § 4.5 • APPURTENANCES

• Jurisdiction: Colorado

§ 4.5 • APPURTENANCES

Appurtenances are things that belong to, or are attached to, the land with which they are associated (to which they are "appurtenant").⁹ In a conveyance, such as the grant in a lease, the term refers to something that is necessary to the enjoyment of the principal thing granted.¹⁰ The most common appurtenances are easements¹¹ and water rights.¹² Often, appurtenances are critical to the use and enjoyment of the land they serve. In many cases, access to real property is only by means of an appurtenant easement. Easements for utilities, drainage, off-site stormwater detention, and parking are equally common. Therefore, the lease should address the appurtenances.

In a ground lease, the lease of the appurtenances is typically accomplished by describing the premises as a certain parcel of land, "with its appurtenances." In a building lease or a space lease, the tenant's rights to the appurtenances might be granted in the same way as in a ground lease, or they might be handled in a more roundabout way. For example, the appurtenances might be included in the common area, and the tenant given a right to use the common area. Alternatively, the tenant might be given a license to use the appurtenances to the extent necessary to use and enjoy the premises. In a building lease that includes the land in the premises, the appurtenances are usually handled as they are in a ground lease. In a building lease without the land, the appurtenances will be handled as they are in a space lease.

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Notes:

^[9] See Black's Law Dictionary 123 (10th ed. 2014).

^[10] Cleary v. Skiffich, 28 Colo. 362, 373, 65 P. 59 (1901). See...