Also known as: parts and pertinents · pertinents · appurtenances · accessories
Written by attorneys · grounded in primary & secondary sources — see below
A right or interest annexed to a principal estate or thing. The annexation occurs when the right enhances the utility or value of the dominant parcel and passes automatically with a conveyance of that parcel unless the parties express a contrary intent.
Pearl Porter sold a pasture strip containing an irrigation canal to Paula Pierce but reserved the right to draw water for her retained homestead. Years later Pearl conveyed the homestead to Patricia Patel without mentioning the water right. Patricia claimed the canal access as part and pertinent to the homestead. The court held that the reserved right had passed automatically with the homestead deed because it was annexed to that parcel.
Preston Pratt granted an easement across his lot to allow access to an adjacent parcel owned by Pamela Phillips. When Pamela sold her parcel to Prime Logistics, the company asserted the easement remained attached. The court treated the access right as part and pertinent to the sold parcel and enforced it against Preston.
Pulse Media leased office space from Prosperity Investments under a lease that included an exclusive parking space. When Prosperity later tried to reassign the space to another tenant, Pulse sued. The court ruled the parking right was part and pertinent to the leased premises and could not be severed.
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Paul Peterson bought a house from Pinnacle Holdings. The deed described the house and the land but omitted any mention of a small storage shed on the rear of the lot. After closing Paul discovered the shed had been removed. The court held the shed was part and pertinent to the house and should have passed with the conveyance.
Patricia Patel purchased a farm that had long used a neighboring ditch for irrigation. The seller had reserved the ditch right when conveying the ditch land years earlier. Patricia asserted the right against the new ditch owner. The court ruled the irrigation right was part and pertinent to the farm and transferred automatically upon the farm's sale.
Pamela Phillips owned two adjacent lots and granted a right of way across one lot to benefit the other. She later sold the benefited lot to Prosperity Investments. When the burdened lot owner blocked access, Prosperity sued. The court enforced the right of way as part and pertinent to the benefited lot even after the original parcels were separated.
A court examines whether the right was created to enhance the utility or value of a specific dominant parcel. When the right is physically connected to and historically used with that parcel, and the transaction occurred between neighboring landowners, the right is classified as part and pertinent. Automatic transfer with the dominant estate follows from this classification.
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Yes. Once classified as part and pertinent, the right transfers by operation of law with the dominant estate. No separate assignment is required. This rule protects purchasers who reasonably expect to receive land together with its established appurtenances.
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The parties may express a contrary intent in the creating instrument. Absent such language, the default rule treats the right as annexed to the dominant parcel and therefore transferable with it.
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…Director of the Planned Parenthood League of Connecticut, and its medical director, a licensed physician, were convicted as accessories for violating a Connecticut statute which makes it a crime to use any drug, medicinal article or instrument for the purpose of preventing conception. They were charged with giving…