Common Appurtenant Law and Legal Definition

Common appurtenant is the right in the land of another not historically appurtenant to an estate but annexed to it by grant or by prescription from long enjoyment.

Common appurtenant may be apportioned. Where the owner of land, to which common is appurtenant, purchases part of the land out of which common is to be taken, or the owner of part of the land out of which common is to be taken, purchases the land, or part of the land, to which the common is appurtenant, the right of common becomes extinct, not only as to the part, but as to the whole. [LIVINGSTON v. TEN BROECK, 16 Johns. 14 (N.Y. Sup. Ct. 1819)].