🏠 What Is a Tenement in Real Estate? Definition & Examples

A tenement is a permanent right or interest attached to real property that passes automatically with the land when it is sold. Tenements can include rights like easements, access rights, and other benefits tied to property ownership.

How Tenements Work in Real Estate

In real estate, a tenement refers to something attached to or benefiting a parcel of land. Unlike personal rights, a tenement is considered part of the real property and transfers automatically with ownership.

Tenements fall into two main categories:

  • Positive Tenements: Rights that allow the property owner to use another property (e.g., right-of-way).
  • Negative Tenements: Rights that prevent another owner from certain actions (e.g., blocking a view, restricting building height).

Tenements are most commonly seen in easements and other property rights that “run with the land.”

Why Tenements Matter in Real Estate

  • They determine rights that pass automatically to future owners.
  • They may limit or expand how a property can be used.
  • They play a major role in easements, boundaries, and access issues.
  • They help define relationships between neighboring properties.

Examples of common real estate tenements:

  • Easement for driveway access
  • Utility easements (water, power, sewer)
  • View restrictions on neighboring property
  • Shared well or drainage rights

Example of a Tenement in Action

If Property A has a recorded easement allowing its owner to drive across Property B to reach the road, that easement is a tenement. When either property is sold, the rights and obligations automatically transfer to the new owners.

Why Tenements Matter for FSBO Sellers

  • Tenements must be properly disclosed during a sale.
  • They can affect property value—positively or negatively.
  • They influence how buyers can use the land.
  • Understanding the rights attached to your property prevents disputes and delays.

FSBO sellers benefit from clearly identifying all easements, access rights, and other tenements before listing.

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