appendan

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.