Define: Dominant Tenement

A dominant tenement refers to a property that benefits from an easement or right-of-way over another property, known as the servient tenement, allowing the owner of the dominant tenement to use the servient property for a specific purpose.

The purpose of a dominant tenement is to grant the owner certain rights or privileges over the servient property, such as access, ingress, egress, or utility usage, to enhance the usability or enjoyment of the dominant property.

A dominant tenement is typically created through the establishment of an easement, which may be created by express grant, implication, necessity, prescription, or reservation in a deed or other legal instrument.

The owner of a dominant tenement may have rights such as:

• Right of way for access or passage.
• Right to install and maintain utilities (e.g., water, sewer, electricity).
• Right to use a portion of the servient property for specific purposes (e.g., parking, drainage).

Yes, in most cases, the owner of a dominant tenement can transfer their rights in the easement to another party, subject to any restrictions or conditions imposed by the terms of the easement or applicable law.

The owner of a dominant tenement has the obligation to use the easement reasonably and not to interfere with the lawful use and enjoyment of the servient property by its owner.

No, the owner of a servient tenement generally cannot obstruct or interfere with the rights granted to the owner of the dominant tenement under the easement, as doing so would constitute a breach of the easement.

Disputes between the owners of dominant and servient tenements are typically resolved through negotiation, mediation, or litigation, where courts may interpret the terms of the easement and determine the respective rights and obligations of the parties.

Yes, a dominant tenement may be extinguished through methods such as release or abandonment of the easement, merger of title, or expiration of the easement’s duration.