Appurtenant Rights Law & Legal Definition


Appurtenant rights are incorporeal rights attached to, and belonging with, some greater or superior right. They are essential or reasonably necessary to the full beneficial use and enjoyment of property.

Appurtenant rights are annexed to another more worthy thing with which it passes as an incident, being incapable of existence separate and apart from the particular property to which it is annexed and to which it bears a relationship connected with the use of such property.

In the water law of Hawaii the term "ancient appurtenant rights" includes the right to drinking water and to water for other domestic purposes. [Territory v. Gay, 31 Haw. 376 (Haw. 1930)].