Tenement

Any estate of inheritance, or for life, in either a corporeal or incorporeal hereditament, existing in or arising from real property of free tenure. 2 Bla. Com. 104. It thus includes all estates but copyhold and leasehold, the former of which has never been known in this country. Freehold in deed is the real possession of land or tenements in fee, fee-tail, or for life. Freehold in bur is the right to such tenements before entry. The term has also been applied to es which a man holds in fee or for life. Mozl. & W. Diet, i 1 Washb. R. P. 71, 037. See Gage v. Scales, 100 111. 221; State v. Ragland, 75 N. C. 12, L. R. 11 Eq. 454; Liulki m Ti: momentum.

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.

L fr. Tenement; a tenenient; land held of another by service.

That which may be the subject of tenure; any interest relating to land, or hereditament dependent on grant.

This word has a very comprehensive signification in lavr, including within its compass every species of real property which may be held, or in respect of which a person may be a tenant. Its use in this manner originates in those theories of English law, according to which nearly all real property was supposed to be granted by, dependent upon, and holden of some superior lord, by and in consideration of certain services to be rendered to the a tenement. As thus used, the word extends to land and messuages of all three varieties, whether freehold, copyhold, or leasehold. It is the most general word for all real-property subjects. In modern times, and very frequently in popular usage, it denotes simply a house; e.g., in the phrase, " all that messuage or tenement." From its apparent analogy to tenancy and tenant, it is popularly used for a building or distinct portion of a building, particularly adapted to be let for short periods, and at moderate rent. Tenement signifies: 1. A house or homestall. 2. Land holden of a superior lord; and in this sense tenement is one of the technical words applicable to all real estates, and includes offices and dignities which concern lands and profits issuing out of lands. 3. Especially such an interest in land within a parish as will enable a party to apply to such parish for poor-law relief, if in need thereof. Mozley §• W. The word tenements, in a will, has never, independently of otlier circumstances, been construed to pass a fee. Wright v. Denn, 10 Wheat. 204. Tenement is a word of extensive signification. When used in a statute directing the proceedings to be taken when goods and chattels cannot be found to discharge an execution, and the debtor has lands or tenements, it should be construed as referring to such interests in real estate as are connected with the freehold, and not included in the term chattels. Barr v. Binford, 6 Blachf. 335. The word tenement is frequently used in a restricted sense, as signifying a house or building; but it is also used in a much more enlarged sense, as signifying land, or any corporeal inheritance, or any thing of a permanent nature which may be holden. When used in an act giving a landlord a summary remedy for possession, against a tenant holding over, which is a remedial statute, and is to be liberally construed, the word is to be imderstood in its most enlarged signification, so that the beneficial effects of this speedy remedy may be extended, as far as may be, consistently with the language of the statute. Sacket v. Wheaton, 17 Pick. 103. Tenement, as used in the Cochituate water act (Stat. 1846, ch. 167), making "the occupant of any tenement" liable "for the use of the water in such tenement," and in certain cases "the owner thereof " liable also; and, in the Boston city ordinance, relating to model tenement houses, and prescribing the water rates " for each tenement having water fixtures within the same." The word includes a suite of separate tenant with his family, and containing the conveniences of a common dwelling-house, although the corporation owning the building controls the passages and outer doors. Young v. Boston, 104 Mass. 95. Tenement, as used in statutes against lewdness, liquor-selling, and other nuisances, may apply to rooms connected with a shop, and forming no part of a dwellinghouse. Commonwealth v. Cogan, 107 Mass. 212. Compare Commonwealth v. Dam, Id. 210; Commonwealth v. Aekland, Id. 211. A wharf or pier, reclaimed from tidewater by embankment, or by raising the bottom with stone, earth, or other material, is a tenement. People v. Kelsey, 14 Abb. Pr. 372. The word tenement is sufficiently descriptiye of land, the metes and bounds being given. Den v. Woodson, 1 Hayw. (N. C.) 24. Tenemental, or tenementary land. Land distributed by a lord among his tenants, as opposed to the demesnes which he kept for his own enjoyment; the outland of manors, granted to tenants by the Saxon thanes, under arbitrary rents and services. See Wharton. Tenementls legatis. An ancient English writ, lying to the city of London, or any other corporation, where, by old custom, men might devise lands and tenements, as well as goods and chattels, for the hearing and determining any controversy touching such devises. Eeg. Orig. 244.

estates, in its most extensive signification comprehends every thing which may be holden; provided it be of a permanent nature; and not only lands and inheritances which are holden, but also rents and a prendre of which a man pi as any franktenement, and of which he may be seised ut de ltbero tenemento, are included under this term. Co. Litt. 6 a; 1 Tho. Co. Litt. 219; Perk. s. 114; 2 Bl. Com. 17. Tn its more confined and vulgar acceptation, it means a house or building. Ibid. and 1 Prest. on Est. 8. Vide 4 Bing. 298; S. C. 11 Engl. C. L. Rep. 207; 1 T. R. 358; 3 T. R. 772; 3 East, 118; 5 East, 239; Burns’s Just. Poor, 525 to 541; 1B. & Adolph. 161; S. C. 20 Engl. C. L. Rep. 368; Com. Dig. Grant, E 2; Trespass, A 2; Wood’s Inst. 120; Babington on Auctions, 211, 212.