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LSDefine

Simple English definitions for legal terms

dominant tenant

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A quick definition of dominant tenant:

A dominant tenant is a person who benefits from an easement because they hold a dominant estate. This means they have the right to use someone else's property for a specific purpose, such as accessing their own property. The opposite of a dominant tenant is a servient tenant, who is burdened by the easement. Other types of tenants include holdover tenants, who remain in possession of property after their lease has expired, and joint tenants, who hold the same property with equal rights but no right of survivorship.

A more thorough explanation:

A dominant tenant is a person who holds a dominant estate and benefits from an easement. This means that they have the right to use someone else's property for a specific purpose, such as accessing their own property. The opposite of a dominant tenant is a servient tenant, who holds a servient estate and is burdened by the easement.

For example, if a person owns a piece of land that is only accessible through their neighbor's driveway, they may have an easement that allows them to use the driveway to access their property. In this case, the person with the easement is the dominant tenant, and the neighbor who owns the driveway is the servient tenant.

dominant-jurisdiction principle | dominate

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