Legal Definitions - dominant tenement

The dominant tenement refers to a piece of land or property that holds the legal right to use a portion of another person's property for a specific purpose. This legal right is known as an easement. Essentially, the dominant tenement is the property that *benefits* from the easement, while the property that grants this use (and is therefore burdened by it) is called the servient tenement.

Here are some examples to illustrate this concept:

• Access Easement (Right-of-Way): Imagine a small cabin, let's call it The Lakeside Retreat, that is situated behind a larger property, The Forest Preserve, and does not have direct access to a public road. The owner of The Lakeside Retreat has a legal right to drive across a specific path on The Forest Preserve to reach the main highway. In this scenario, The Lakeside Retreat is the dominant tenement because it holds the right to use a portion of The Forest Preserve for essential access.

• Light and Air Easement: Consider a historic townhouse, The Brownstone, which has a beautiful, unobstructed view of a park and receives ample natural light from its side windows. The owner of The Brownstone secured an easement preventing the owner of the adjacent vacant lot, The Development Site, from building any structure taller than two stories. Here, The Brownstone is the dominant tenement because it benefits from the restriction placed on The Development Site, ensuring its light, air, and view are preserved.