Juridical Dictionary

This dictionary contains:
8526
juridical terms

Dominant tenement




Dominant tenement

Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

RELATED TERMS
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When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Easements
Estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Easement
A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.



SIMILAR TERMS
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Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.

Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant mind
The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.).

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile
Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property.

Dominium
(United Kingdom) Ownership.

Domitae
Subdued, tame, not wild.



PREVIOUS AND NEXT TERMS
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Domesday
Domesday or Domesday-book. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England.

Domesday-book
Domesday-book or Domesday. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England.

Domicile
The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place.

Dominant
Estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate.

Dominant mind
The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.).

Dominant tenement

Dominion
The right of the owner of a thing to use it or dispose of it at his pleasure.

Dominion directum
Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile
Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property.

Dominium
(United Kingdom) Ownership.

Domitae
Subdued, tame, not wild.

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This dictionary contains 8526 terms.







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