pertinentia

Pertinentia is a legal term that refers to things incidental or accessory to the principal thing. In essence, it denotes rights, privileges, or things that are not part of the main property or subject matter but are nonetheless associated with it and pass along with it unless specifically excluded. The concept is often invoked in property law, particularly in the context of real estate.

For example, when land is sold, certain pertinentia associated with that land, such as easements or rights of way, are generally understood to be transferred to the buyer as part of the transaction, even if not explicitly mentioned in the deed. Similarly, fixtures, which are items of personal property that have become attached to real property in such a way that they are considered part of the real estate, are often considered pertinentia. The determination of what constitutes pertinentia can depend on the specific circumstances, local customs, and the intention of the parties involved.

The underlying principle is that these accessory items are deemed necessary or beneficial for the full enjoyment of the principal thing. Therefore, the law presumes that they are intended to be transferred along with the main subject. This doctrine helps to ensure that the transferee of a property receives all that is reasonably necessary for its use and value.