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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 periodicals archive ?
Four months later, the California Department of Transportation announced a plan to build a replacement road over the landslide. After $54 million and 14 months of construction to rebuild the road, a different section of Highway 1 was closed by another landslide in March.
'Rescue workers are searching for bodies buried in the landslide amid unusually heavy rain.
Aye Zan said at a later press briefing that they had no plan yet to declare the landslide area as state-level danger zone.
Scores of tourists were stranded in the area after landslide blocked the road leading to Kaghan at different places.
At least 11 persons were killed in landslides at Satyawati Rural Municipality-4 in Gulmi district on Tuesday.
The official said landslides were reported on Wednesday as well.
Heartbreaking to see the damage left by #UsmanPH, to hear the stories of those who lost their loved ones and their homes to the landslide. Our office will continue to seek ways to help them rebuild their lives.
However, according to the data as of November 1, cracksin the lighthouses installed, and expansion of cracks in the ground were observedin the Badamdar landslide zone, Garalov said.
The landslide at the Bukit Kukus paired road construction site killed nine workers an injured four others.
ALQC, meanwhile, denied any involvement to the supposed disappearance of Eballe and maintained its commitment to supporting the victims of the landslide in Barangay Tinaan, where at least 77 were killed and hundred others displaced.
When inventorying landslides, it is important to document the extent of landslide phenomena in a region and to investigate the distribution, types, patterns, recurrences and statistics of slope failures (Guzzetti et al.