appendant


Also found in: Dictionary, Thesaurus.
Related to appendant: appendix
See: appurtenance, attached, rider

appendant

in the law of property, a subordinate right or interest, especially in or over land, attached to a greater interest and automatically passing with the sale of the latter.

APPENDANT. An incorporeal inheritance belonging to another inheritance.
     2. By the word appendant in a deed, nothing can be conveyed which is itself substantial corporeal real property, and capable of passing by feoffment and livery of seisin: for one kind of corporeal real property cannot be appendant to another description of the like real property, it being a maxim that land cannot be appendant to land. Co. Litt. 121; 4 Coke, 86; 8 Barn. & Cr. 150; 6 Bing. 150. Only, such things can be appendant as can consistently be so, as a right of way, and the like. This distinction is of importance, as will be seen by the following case. If a wharf with the appurtenances be demised, and the water adjoining the wharf were in tended to pass, yet no distress for rent on the demised premises could be made on a barge on the water, because it is not a place which could pass as a part of the thing demised. 6 Bing. 150.
     3. Appendant differs from appurtenant in this, that the former always arises from prescription, whereas an appurtenance may be created at any time. 1 Tho. Co. Litt. 206; Wood's Inst. 121; Dane's Abr. h.t.; 2 Vin. Ab. 594; Bac. Ab. Common, A 1. And things appendant must have belonged by prescription to another principal substantial thing, which is considered in law as more worthy. The principal thing and the appendant must be appropriate to each other in nature and quality, or such as may be properly used together. 1 Chit. Pr. 154.

References in periodicals archive ?
The appendant brand names are ATRIA, Duke's, Forssan, Lithells, Sibylla, Fyrkanten, Grillkoket, Vilniaus Mesa and Maks & Moorits.
M]ilitary regimes mistrust those institutions, processes and procedures normally appendant to a popularly and democratically elected government.
72) In the eyes of the law, these options -- known as options appendant or options appurtenant -- encourage the lessee/option-holder to invest in and develop the property by guaranteeing that that investment will, if the lessee desires, inure to its ultimate benefit.
com; and Angie Clowers, previously with TruStar Solutions and Appendant Marketing Group.