When dealing with business leases and contracts, the term “dominant tenement” is often used to refer to the property that has entitlement to the right of easement or access over another piece of land. In simpler terms, it means the main property or parcel of land that is permitted to use an accessory piece of land for certain purposes.
In the context of business, a dominant tenement can have a significant impact. For example, let’s say a business is located on a main property, and they need an easement on a nearby piece of land in order for their operations to be successful. By having a dominant tenement, they are granted the right to use the adjacent property for specific purposes, such as access to utilities, parking, or even construction of a new building.
This concept of a dominant tenement is not only important for businesses leasing or owning property. Landlords must also be aware of the implications, as they have to ensure that the terms of the lease conform to their tenant’s needs. In some cases, the landlord may also be the dominant tenement if they require access to the tenant’s land for certain reasons.
Practical Examples of Dominant Tenements
Understanding this complex concept is much easier when given a practical example. Let’s say a manufacturing company needs to access a nearby river for cooling liquids, but the river is deemed part of a separate parcel of land. In this case, the manufacturing company would need to have a dominant tenement in order to be granted the right to use and access the river.
Another example of a dominant tenement is when a business needs to access a utility line, located on another piece of land. Without a dominant tenement, the business would not be able to access the utility line. As such, a dominant tenement would be granted to the business to be able to make the necessary connections and run their operations.
Bottom Line: Why Dominant Tenements Matter to Businesses
In today’s world, it’s essential for businesses to secure a dominant tenement when they enter into a lease or contract. Without this measure, they may not be able to access the resources they need to operate, which could end up costing them both time and money.
Fortunately, by understanding the concept of a dominant tenement and exploring practical examples, businesses can make informed decisions when it comes to leases and contracts. This ensures that their operations can continue smoothly and all parties involved are on the same page.