What are waterways, easements, and access to land primarily considered?

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Waterways, easements, and access to land are primarily considered incidental or appurtenant to the land because they are features or rights that are inherently linked to the property itself. These elements are important in defining the use and enjoyment of the land.

When a feature is described as appurtenant, it means that it is a permanent right or benefit that exists for a specific piece of real estate. For instance, a waterway adjacent to a property can provide crucial access to water for irrigation or recreational purposes, thus enhancing the value and usability of the land. Similarly, easements grant certain rights to use a portion of the property for a specific purpose, such as accessing a road or utility lines, making them integral to the overall property rights.

Understanding that these elements are considered part of the land rather than separate entities underscores their significance in real estate law and transactions. They are not merely personal property, which would imply they can be owned separately from the land. Instead, they are inherently tied to the land's characteristics and utilization, highlighting their role as integral components of property ownership.

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