Tewemeivt
Defined in 1 dictionary — Anderson (1889)
A Dictionary of Law
William C. Anderson · 1889
A word of greater extent than land, and though in popular acceptation it applies only to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden_. provided it be of a permanent nature: whether it be ofa substantial and sensible, or of an unsubstantial, ideal kind. 2 Whence tenemental, tenementary. Whatever may be holden in tenure. 3 While frequently used in the sense of house or building, the enlarged meaning is land, or any corporeal inheritance, or anything of a permanent nature which may be hoi den. 4 In modern use, a room let in a house, or such part of a house as is separately occupied by a single family or person, in contradistinction to the whole house; also, a part of a room occupied by one person, even though no partition separates his holding from that of another tenant. 5 The modern meaning is doubtless traceable to associations with "tenant" and "tenancy," In statutes against lewdness, liquor-selling, and other nuisances,' may include a room connected with a shop, and forming no part of a dwelling-house.^ I While a " building " is a tenement, a tenement may be something different from a building. The words have been used synonymously.''' Dominant tenement; servient tenement. The tenement to which is- attached ^ Legal Tender Case ( Julliard v. Greenman), 110 U. S. 421, 444, 449-50. Decided March 3, 1884. Opmion by Gray, J., Waite, C, J., Miller, Bradley, Harlan, Woods, Matthews, and Blatchford, JJ., concurring; Field, J., dissenting. See 1 Harv. Law Rev. 73-97 (1887); 3 Bancroft, Const. 132-37. ' 3 3 Bl. Com. 16-lT, 59. See 3 Kent, 401; 5 Conn. 518; 73 111. 409; 13 N. Y. 159. 8 Pond L'. Bergh, 10 Paige, 157 (1843): Shep. Touch. 91. * Sacket v. Wheaton, 17 Pick. 105 (1P35), Wilde, J.^ 6 LCommonwealth v. Hersey, 144 Mass. 298 (1887), Devens, J.; Young v. Boston, 104 id. 104 (1870); 44 L. T. 303; L. E., 10 Exch. 305. 0 Commonwealth v. Cogan, 107 Mass. 212, 210-11 an easement in an adjoining tenement is called the " dominant " tenement, and the tenement which is subjected to this service is called the "servient" tenement. See Easement; Hereditament.