Dominant Tenement - Law Dictionary Search Results
Home Dictionary Name: dominant tenement Page 1 of about 5 results ( seconds)Dominant tenement
Dominant tenement, a term used in the civil law, and thence in ours, and also in Scots law relating to servitude. It means the tenement or subject in favour of which the service or easement is constituted; as the tenement over which the servitude or easement extends is called the 'servient tenement.' See Bell's Dict.; Smith's Dict. of Antiq., tit. 'Servitidues '; and Gale or goddard on Easements...
Easement
Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...
Shafi-e-khalit
Shafi-e-khalit, denotes those who share in the appendage of property. The dominant tenement holder is Shafi-e-khalit. It implies that he shares an appendage with the other person who is a servient tenement-holder. Therefore, both the dominant tenement-holder and the servient tenement-holder are shafi-i-khalif, Phool Chand v. Neem Chand, AIR 1978 All 539; Ladu Ram v. Kalyan Sahaya, AIR 1963 Raj 195....
Servient tenement
Servient tenement, the land over which an easement is exercised, as the dominant tenement is that to which the easement is attached. See EASEMENT. Consult Goddard on Easements....
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
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