land


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land

n. real property, real estate (and all that grows thereon), and the right to minerals underneath and the airspace over it. It may include improvements like buildings, but not necessarily. The owner of the land may give a long-term (like 99 years) lease to another with the right to build on it. The improvement is a "leasehold" for ownership of the right to use--without ownership of--the underlying land. The right to use the air above a parcel of land is subject to height limitations by local ordinance, state or federal law.

(See: real property, real estate)

land

not only the physical surface of land but everything growing on or underneath that surface, anything permanently affixed to the surface (such as a building) and the airspace above that surface. It includes not only the soil or earth but always any water, a pond, for example, being regarded as land covered by water. Land may be divisible both horizontally and vertically; thus, ownership of the surface may be vested in one person while ownership of mines and minerals are vested in another. It is perfectly possible to have ‘flying freeholds’, where ownership of different storeys of the same building are vested in different persons. Scotland has a developed law of the tenement which has been given an even more coherent statutory basis in the twenty-first century.

LAND. This term comprehends any found, soil or earth whatsoever, as meadows, pastures, woods, waters, marshes, furze and heath. It has an indefinite extent upwards as well as downwards; therefore land, legally includes all houses and other buildings standing or built on it; and whatever is in a direct line between the surface and the centre of the earth, such as mines of metals and fossils. 1 Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on Real Prop. 58. In a more confined sense, the word land is said to denote "frank tenement at the least." Shep. To. 92. In this sense, then, leaseholds cannot be said to be included under the word lands. 8 Madd. Rep. 635. The technical sense of the word land is farther explained by Sheppard, in his Touch. p. 88, thus: "if one be seised of some lands in fee, and possessed of other lands for years, all in one parish, and he grant all his lands in that parish (without naming them) in fee simple or for life; by this grant shall pass no, more but the lands he hath in fee simple." It is also said that land in its legal acceptation means arable land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Ab. 203.
     2. Land, as above observed, includes in general all the buildings erected upon it; 9 Day, R. 374; but to this general rule there are some exceptions. It is true, that if a stranger voluntarily erect buildings on another's land, they will belong to the owner of the land, and will become a part of it; 16 Mass. R. 449; yet cases are, not wanting where it has been decided that such an erection, under peculiar circumstances, would be considered as personal property. 4 Mass. R. 514; 8 Pick. R. 283, 402; 5 Pick, R. 487; 6 N. H. Rep. 555; 2 Fairf. R. 371; 1 Dana, R. 591; 1 Burr. 144.

References in classic literature ?
At first it was patches and sections of land here and there; but as the weeks passed it was the unowned portions that became rare, until at last they stood as islands surrounded by Daylight's land.
There's the Alameda & Contra Costa Land Syndicate, the Consolidated Street Railways, the Yerba Buena Ferry Company, the United Water Company, the Piedmont Realty Company, the Fairview and Portola Hotel Company, and half a dozen more that I've got to refer to a notebook to remember.
Where the land slopes abruptly under water, these reefs are only a few yards in width, forming a mere ribbon or fringe round the shores: where the land slopes gently under the water the reef extends further, sometimes even as much as a mile from the land; but in such cases the soundings outside the reef always show that the submarine prolongation of the land is gently inclined.
From the corals growing more vigorously on the outside, and from the noxious effect of the sediment washed inwards, the outer edge of the reef is the highest part, and between it and the land there is generally a shallow sandy channel a few feet in depth.
"Do you know what land sells for around here?" he asked.
And land like this all around you runs at from two to three hundred to four an' five hundred dollars an acre."
So next morning the people landed from the ship, and Bacon goes on to tell us of the wonderful things they saw and learned in the island.
Now, what was Ned Land's opinion upon the question of the marine monster?
Seated on the poop, Ned Land and I were chatting of one thing and another as we looked at this mysterious sea, whose great depths had up to this time been inaccessible to the eye of man.
"There are two ways to get to the Land of Oz without traveling across the sandy desert."
The invasion would, of course, have been greatly favoured by high land, and perhaps by a dry climate; for Dr.
And when he came down he said they were now quite close to the Land of the Monkeys and would soon be there.