APPENDAN

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  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.