Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
An owner of a thing or inheritance under Roman law.
2
A feudal superior or lord with rights over property or persons.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
An owner of a thing or inheritance under Roman law.
Examples6
Burglary of Tenanted Building
Diane Dawson owns an apartment building but leases units to several families. She enters a tenant's unit at night intending to commit theft inside. Because the unit serves as a dwelling for the tenants rather than Dawson, the structure qualifies as the dwelling of another for burglary purposes.
Risk of Loss After Contract
Daniel Diaz contracts to sell land to Denise Donovan. Before closing a fire destroys the structures. Under equitable conversion Donovan as equitable owner bears the risk of loss and must still pay the full purchase price.
Sense 2
2
Sense 2
A feudal superior or lord with rights over property or persons.
Deborah Dunn contributes to a judicial candidate's campaign hoping to secure appointment as counsel for a government agency. The contribution triggers scrutiny because it appears aimed at obtaining the legal engagement rather than pure political participation.
Security Interest in Movable Goods
David Dawson grants a security interest in his inventory of manufactured components. Because the items are movable when the interest attaches they qualify as goods subject to the secured party's rights under Article 9.
Trust by Declaration of Owner
Delilah Duran declares that she holds specific shares of stock as trustee for her children. The declaration by the owner of identifiable property creates a valid trust without any transfer to a third party.
Receipt of Stolen Property
Diamond Manufacturing knowingly acquires equipment it believes was stolen from Drake Logistics. The company is guilty of theft because it purposely receives movable property of another while knowing or believing it was stolen.
Frequently Asked4
What does dominus mean in Roman law?+
Dominus refers to the owner of a thing or inheritance. This meaning forms the foundation for later uses of the term in property and trust contexts.
How does the concept of dominus relate to burglary of a dwelling?+
Occupancy rather than formal ownership determines whether a structure is the dwelling of another. An owner can therefore commit burglary against her own building when tenants occupy it as their dwelling.
Does dominus affect risk of loss under equitable conversion?+
Once a land sale contract forms equity treats the buyer as owner of the land. The buyer therefore bears the risk of loss even though legal title remains with the seller until closing.
Can a dominus create a trust by declaration?+
Yes. The owner of identifiable property may declare that she holds it as trustee thereby creating a valid trust without any transfer to another person.
5 U.S. (1 Cranch) 137 (1803)Property
…some particular thing appertaining to their office and duty and which the court supposes to be consonant to right and justice. Lord Mansfield stated that whenever there is a right to execute an office and a person is kept out of possession and has no other specific legal remedy, the court ought to assist by mandamus.…