APPENDANT

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APPENDANT

APPENDANT. An incorporeal inheritance belonging to another inheritance. 2. By the word appendant in a deed, nothing can be conveyed which isitself substantial corporeal real property, and capable of passing byfeoffment and livery of seisin: for one kind of corporeal real propertycannot be appendant to another description of the like real property, itbeing 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 ascan consistently be so, as a right of way, and the like. This distinction isof importance, as will be seen by the following case. If a wharf with theappurtenances be demised, and the water adjoining the wharf were in tendedto pass, yet no distress for rent on the demised premises could be made on abarge on the water, because it is not a place which could pass as a part ofthe thing demised. 6 Bing. 150. 3. Appendant differs from appurtenant in this, that the former alwaysarises from prescription, whereas an appurtenance may be created at anytime. 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 byprescription to another principal substantial thing, which is considered inlaw as more worthy. The principal thing and the appendant must beappropriate to each other in nature and quality, or such as may be properlyused together. 1 Chit. Pr. 154.

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