Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interest in performing an act that the law regards as superior to another's interest in entering or remaining on the area endangered by the act. The superiority of the actor's interest determines whether a warning alone suffices to avoid negligence liability.
An interest in performing an act that the law regards as superior to another's interest in entering or remaining on the area endangered by the act. The superiority of the actor's interest determines whether a warning alone suffices to avoid negligence liability.
Select any source to read its text and confirm it supports the definition.
A legal or equitable interest in leased property held by a third party that is superior to the landlord's interest and, unless the third party agrees otherwise, also superior to the tenant's interest. Such an interest constitutes a paramount title whose assertion can breach the landlord's obligations to the tenant.
Select any source to read its text and confirm it supports the definition.
A legal or equitable interest in leased property held by a third party that is superior to the landlord's interest and, unless the third party agrees otherwise, also superior to the tenant's interest. Such an interest constitutes a paramount title whose assertion can breach the landlord's obligations to the tenant.
Each sense below has its own examples, sources, and questions.
Pablo Perez operated heavy machinery on his construction site adjacent to a public path. A pedestrian, Priscilla Parks, ignored posted signs and entered the danger zone to take photographs. When the machinery swung outward, Parks was injured. The law treats Perez's interest in continuing the work as paramount, so his failure to provide an additional verbal warning does not render the operation negligent.
The law regards the actor's interest in performing the act as paramount to another's interest in entering or remaining in the endangered area. This comparison determines whether a warning alone prevents the act from being negligent.
Supporting sources
Peak Performance leased warehouse space from Pavel Petrov. At the time of the lease, a recorded mortgage held by Premier Manufacturing already encumbered the property and was not terminable at Petrov's will. When Premier Manufacturing later foreclosed and evicted Peak Performance, the mortgage constituted a paramount title that breached Petrov's obligations to the tenant.
Prism Analytics leased an office building from Perry Pratt. A recorded easement held by Precision Tools for utility access predated the lease and could not be terminated by Pratt. When Precision Tools asserted its easement rights and blocked part of the premises, the easement was paramount to both Pratt's and Prism Analytics's interests.
Paula Pierce leased retail space from Phuong Pham. An unrecorded equitable interest in the property was held by Peak Performance under a prior purchase contract. Because Peak Performance's interest was equitable, it ranked as paramount to Pham's interest but remained subordinate to any later legal interest acquired for value without notice.
Premier Manufacturing leased land from Priscilla Parks. On the date possession was due, a recorded deed held by Pavel Petrov conveyed superior title to the same parcel. Petrov's assertion of that title would deprive Premier Manufacturing of the contemplated use, constituting a breach that entitled the tenant to terminate before entry.
Precision Tools leased a multi-unit industrial park from Pablo Perez. A paramount title held by Prism Analytics affected only one building. Precision Tools affirmed the lease as to the unaffected buildings and obtained an abatement of rent plus damages for the portion subject to the paramount title.
A paramount title is a superior legal or equitable interest held by a third party that can deprive the tenant of the use contemplated by the lease. An ordinary encumbrance may burden the property without rising to that level of superiority. The distinction determines whether the landlord has breached obligations to deliver possession.
Supporting sources
Before entry the tenant may terminate the lease and recover damages. If the paramount title affects only part of the premises, the tenant may affirm the lease as to the unaffected portion and obtain rent abatement plus damages for the affected part.
Supporting sources
Yes. An equitable interest held by a third party is treated as paramount to the same extent as a legal interest, though it remains subordinate to a later legal interest purchased for value without notice.
Supporting sources
…to be restrained the distinction between limited and unlimited government is abolished. Either the Constitution is superior and paramount or it is on a level with ordinary legislative acts. If the former, then a legislative act contrary to the Constitution is not law. It is emphatically the province and duty of the judicial…