DOMINANT TENEMENT Meaning and
Definition
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A dominant tenement refers to a property that holds the legal right to use a specific easement over another property, known as the servient tenement. The term is commonly used in real estate and property law to describe the legal relationship between two adjacent properties.
In this context, the dominant tenement is the property that benefits from an easement, which grants it specific rights or privileges over the servient tenement. These rights typically involve the use, access, or enjoyment of a certain portion of the servient property for a specific purpose, such as a right of way or access to utilities.
The dominant tenement has the legal authority to assert its rights and enforce the terms of the easement against the owner of the servient tenement. This means that the owner of the dominant tenement can legally utilize the easement area as specified, without the servient tenement owner interfering or obstructing their rights.
It is important to note that the dominant tenement does not have ownership rights or control over the servient tenement. Instead, its authority lies solely in the specific rights outlined in the easement agreement. This legal framework ensures that both the dominant and servient tenement owners understand their respective rights and obligations, preventing any potential disputes or conflicts over the use of the easement.
Common Misspellings for DOMINANT TENEMENT
- sominant tenement
- xominant tenement
- cominant tenement
- fominant tenement
- rominant tenement
- eominant tenement
- diminant tenement
- dkminant tenement
- dlminant tenement
- dpminant tenement
- d0minant tenement
- d9minant tenement
- doninant tenement
- dokinant tenement
- dojinant tenement
- domunant tenement
- domjnant tenement
- domknant tenement
- domonant tenement
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Etymology of DOMINANT TENEMENT
The word dominant tenement in its legal context comes from English common law. Dominant refers to the property that benefits from an easement or a right-of-way over another property, while tenement refers to a piece of land or property that is held by someone.
The term dominant tenement was coined during the medieval period to describe a piece of land that held a privilege or advantage over another adjacent property. It is derived from the Latin words dominans meaning ruling or dominating, and tenere meaning to hold. The concept of the dominant tenement has since been widely used in property law to denote the property that enjoys certain rights over another property, often referred to as the servient tenement.
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