dominant tenement

An implied grant arises only where a unity of title exists from a common source other than the original grant from the state or United States; provided, however, that where there is a common source of title subsequent to the original grant from the state or United States, the right of the dominant tenement shall not be terminated if title of either the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by foreclosure, reversion, or otherwise.

A more recent example of the implicit application of the numerus clausus principle is Clos Farming Estates Pty Ltd (rec and mgr apptd) v Easton, (48) where a vineyard and farm comprising 80 residential lots, the servient tenements, provided easements to the purported benefit of the dominant tenement that was a small parcel of neighbouring land.

Southern Cross Goldfields Ltd (ASX:SXG) is a dominant tenement holder (3500 km2) in the highly mineralised Central Yilgarn Gold and Nickel province in Western Australia.