Scottish National Dictionary (1700–)
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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
DOMINANT TENEMENT, n. comb. Sc. law: “a piece of land with the ownership of which goes a servitude [q.v.] right over adjoining land, the servient tenement” (Sc. 1946 A. D. Gibb Legal Terms 30).Sc. 1715 Morison Decisions (1811) 14523:
He would not be obliged to support or rebuild any part of the dominant tenement.Sc. 1732 Lord Kames Decisions (1766) 8:
Pasturage is a real servitude which presupposes a dominant as well as a servient tenement.Sc. 1903 J. Erskine Princ. Law Scot. ii. ix. 4:
The dominant tenement may be a burgh, probably even a right of salmon fishing. The servitude must be for the benefit of the dominant tenement, and gives no right to sell the product (such as peat) for profit.Sc. [1829] G. Bell Princ. Law Scot. (1839) 370:
Servitude is a burden on land or houses, . . . whereby the owner of the burdened, or servient tenement . . . must submit to certain uses to be exercised by the owner of the other or dominant tenement.
