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Tenement

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

This term, in its vulgar acceptation, ls only applied to houses and other buildings, but in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible or of an unsubstantial, ideal, kind. Thus, liberum tenementum, frank tenement or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc. 2 Bl. Comm. 16; Mitchell v. Warner, 5 Conn. 517; Oskaloosa Water Co. v. Board of Equalization, 84 Iowa, 407, 51 N. W. 18, 15 In R. A. 296; Field v. Higgins, 35 Me. 341; Sacket v. Wheaton, 17 Pick. (Mass.) 105; Lehfers v. Henke, 73 III. 408, 24 Am. Rep. 263. "Tenement" is a word of greater extent than "land," including not only land, but rents, commons, and several other rights and interests issuing out of or concerning land. 1 Steph. Comm. 158, 159. Its original meaning, according to some, was "house" or "homestead." Jacob. In modem use it also signifies rooms let in houses. Webster.

Dominant tenement. One for the benefit or advantage of which an easement exists or is enjoyed.

Servient tenement. One which is subject to the burden of an easement existing for or enjoyed by another tenement See Easement.