The old form of a deed adds, after the description of the lands or tenements conveyed, words like the following: "With all the privileges and appurtenances thereto belonging or in any way appertaining," or, simply, "With the appurtenances." It is doubtful whether these general words in any case enlarge the effect of the deeds.171 The primary meaning of "appurtenances" is the easements and other incorporeal hereditaments enjoyed with the land, such as rights of way, water courses, rights to light and air, etc. But it seems that whatever easements or hereditaments will pass under the general description of "privileges and appurtenances" will pass without them as mere incidents to the land, unless the intention to reserve such right, and to detach it from the land, is apparent.172 But it is a general principle that "land cannot pass as an appurtenance to land," and it has been said that even the necessity of enjoyment cannot make one parcel of land pass as an ap167 Mann v. Pearson, 2 Johns. (N. Y.) 37; Pernam v. Wead, 6 Mass. 131; Emery v. Fowler, 38 Me. 99.
168 Moran v. Lezotte, 54 Mich. 83, 19 N. W. 757; Davis v. Hess, 103 Mo. 31, 15 S. W. 324.
169 Williamson v. Hall, 62 Mo. 405.
170 Meconn v. Delany, 3 Bibb (Ky.) 46.
171 See Crosby v. Parker, 4 Mass. 110; Nicholas v. Chamberlain, Cro. Jac. 121.
172 1 Dembitz, Land Tit. 55.
Purtenance to another.173 But the sale of a house, mill, factory, barn, etc., will carry with it not only the soil actually covered by the building, but the "curtilage"; that is, the yard and garden that are habitually occupied with a dwelling house, and certain small parcels, with or without outbuildings, without which the mill, factory, barn, etc., cannot be enjoyed, or which are left open between it and the highway.174 And where the word "appurtenances" is-added to the designation of a dwelling house or other building, it is not a mere empty phrase, but means what is habitually occupied with it even though it be an unfenced lot.175
(a) No consideration is necessary except for bargain and sale deeds and covenants to stand seised (p. 427).
(b) No date is necessary (p. 423).
(c) All blanks must be filled before delivery, except where the law implies what is to be inserted, or, in some states, where parol authority has been given to fill them (p. 42S).
(d) No alterations can be made after delivery (p. 428).
(e) The grantor is presumed to know the contents of his deed (p. 429).
(f) The deed must be sealed, in some states (p. 429).
(g) The deed must be signed by the grantor, or by some one authorized to sign for him. Indentures are signed by the grantee also (p. 430).
173 Armstrong v. Dubois, 90 N. Y. 95; Ogden v. Jennings, 62 N. Y. 526; Humphreys v. Mckissock, 140 U. S. 304, 11 Sup. Ct. 779; Wilson v. Beckwith, 117 Mo. 61, 22 S. W. 639. A tree in the adjoining street will pass as an appurtenance. Gorham v. Electric Co. (Co. Ct.) 29 N. Y. Supp. 1094.
174 Allen v. Scott, 21 Pick. (Mass.) 25; Whitney v. Olney, 3 Mason, 280, Fed. Cas. No. 17,595. For the right to use a drain as appurtenant to a house, see Thayer v. Payne, 2 Cush. (Mass.) 327; Johnson v. Jordan, 2 Metc. (Mass.) 234.
175 Ammidown v. Ball, 8 Allen (Mass.) 293; Cunningham v. Webb, 69 Me. 92. But see Leonard v. White, 7 Mass. 6; Archer v. Bennett, 1 Lev. 131.