A thing annexed to or belonging to another thing and passing with it; a thing of inheritance belonging to another inheritance which is more worthy; as an advowson, common, etc., which may be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, etc. It differs from appurtenance, in that appendant must ever be by prescription, i.e., a personal usage for a considerable time, while an appurtenance may be created at this day; for if a grant be made to a man and his heirs, of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 1216; Lucas v. Bishop, 15 Lea (Tenn.) 165, 54 Am. Rep. 440; Leonard v. White, 7 Mass. 6, 5 Am. Dec. 19; Meek v. Breckenridge, 29 Ohio St. 648. See Appurtenance.
Law Dictionary – Alternative Legal Definition
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. . 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. 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.