Land

In many legal connections, is used as if meaning more than the soil or ground, and as if coextensive ■with " realty " and " real property." Philosophically, it seems more correct to say that the word land means, in law as in the vernacular, the soil, or portion of the earth's crust; and to explain or justify such expressions as that whoever owns the laud owns the buildings above and the minerals below, upon the view not that these are within the extension of the term land, but that they are so connected with it that by rules of law they pass by a conveyance of the land. This view makes land, as a term, narrower in signification than realty; though it would allow an instrument speaking of land to operate coextensively with one granting i-ealty or real property by either of those terms. But many of the authorities, such as are cited below, use the expression that ' ' land ' ' means these incidents to the soil. By English statutes, and according to usage in equity jurisprudence, land may be understood as including money left to be expended in land; upon the principle that, in equity, whatever ought to be done may be regarded as done. Land signifies generally not only arable ground, meadow, pasture, woods, moors, waters, &c., but also messuages and houses. In a more restrained sense, it is arable ground. Jacob; Motley Sf W. Land, in its restrained sense, means the soil; but in its legal acceptation it is a generic term, comprehending every species of ground or earth, as meadows, pastures, woods, moors, marshes, furze, and heath. It includes also messuages (ie. dwellinghouses, with some adjacent land assigned to the use of them, usually called a curtilage), tofts (i.e. places where houses formerly stood), crofts (i.e. small inclosures for pasture, &c., adjoining to dwe Uing-houses), mills, castles, and other buildings; for with the conveyance of the land these structures upon it pass also. And, besides an indefinite extent upwards, it extends downwards to the globe's centre; hence the maxim, cujus est solum ejus est usque ad caelum et ad inferos, or more curtly expressed, cujus est solum, ejus est altum. And water, by a solecism, is held to be a species of land.

Wharton.

Land has a more comprehensive signification in law than in common parlance; for it comprehends not only ground, but also any thing that may stand thereon, as a house, a castle, or a bam. It has also an or the Uke to overhang another's lands, and whatever is in a direct line between the surface of any land and the centre of the earth belongs to the owner of the surface, so that the word lands comprehends not only the face of the earth, but every thing under it or over It. Brown. Land is a comprehensive term, including standing trees, buildings, fences, stones, and waters; all of which will pass under the general descriptive word land, in a deed. Standing trees must be regarded as part of the land, so far that a sale of growing trees, with a right at any future time to enter and remove them, is an agreement conveying an interest in lands^ which by the statute of frauds must be in writing.

Kingsley V. Holbrook, 45 N. H. 313.

As used in New York statutes, land includes the land itself, all buildings and trees, and mines, minerals, &c.; and "lands " is coextensive with "lands, tenements, and hereditaments."

1 Rev. Stat. 387, § 2; Id. 750, § 10; 2 7<f. 137, §6.

Thus land, in modem New York conveyancing, includes not only the naked earth, but every thing within it, the buildings, trees, fixtures, and fences upon it, &c.

Canfleld v. Ford, 28 Barb. 336; Green v. Armstrong, 1 Den. 550; Mott v. Palmer, 1 N. Y. 564, 569; Baker u. Johnson, 2 Hill, 342.

In order to pass title to land, the word land, or something equivalent, should be used. A grant of a " stream and pond of water, and saw-mill thereunto belonging," does not convey to the grantee the land covered by the waters of the stream and pond.

Nostrand v. Durland, 21 Barb. 478.

Lands, in a will, unless restrained by something else, is synonymous with "real estate," and sufficient to carry a future or contingent, as well as present, freehold estate.

Pond v. Bergh, 10 Paige, 140.

The term landed estate, in a devise, is not necessarily descriptive merely of the realty, as distinguished from the personalty, but may have the effect to carry a fee.

Bradstreet v. Clarke, 12 Wend. 601.

A devise using the word land, and no other, to designate the subject of it, will not pass rents reserved on a lease in fee, nor the right of entry under the condition annexed to the fee.

Herrington v. Budd, 5 Den. 321.

A devise, in general terms, of the testator's lands in a county, passes his right to rents under perpetual leases on lands in such county.

Hunter v. Hunter, 17 Barb. 25, 86.

A contract by the former husband of a woman " immediately to deliver up to her full and complete possession of the land," was held to mean, under the circumstances, the land, house, cistern, orchard, &c., then in his possession, in as good condition as they were at the time of the agreement, natural deterioration, decay, and in- The word land, when used alone, in Dutch deeds, means arable land only.

Van Gorden V. Jackson, & Johns. 440.

In the Illinois mechanic's lien law, § 20, land means the land with such improvements as there are upon it at the time of the execution of the mortgage.

Croskey v. Northwestern Manuf. Co., 48 III. 481.

Houses, fixtures, improvements, and even neat-cattle, horses, and mules, when attached to and used on a plantation, are within the term landed estate, in a statute authorizing taxation.

Police Jury of St. Mary v. Harris, 10 La. Aim. 676.

Under 1 Rev. Stat. 388, § 3, — which declares that the terms " land, real estate, and real property," as there used, include the land itself, all buildings and other articles erected upon or affixed to the same, all trees and underwood growing thereon, and all mines, minerals, quarries, and fossils in and under the same, except mines belonging to the state, — iron gas mains or pipes belonging to a gas company, and laid, not on their own land, but under the streets of a city, are not real estate for the purposes of taxation. People ex rel.

Citizens' Gas Light Co. V. Board of Assessors, 39 N. Y. 81.

Land is used in Tenn. Code, § 2420, regulating descents, as including not only lands, tenements, and hereditaments, but also all rights thereto and interests therein.

Alexander V. Miller, 7 Heisk. 65.

Lands and tenements. A grant of " all my lands and tenements, wherever situate," is sufficient to convey any freehold interest of the gra'ntor in any real property, and will pass a contingent remainder. By the term land, a reversion or remainder will pass, and a future estate, dependent on a precedent estate, is a remainder by the statute. The word tenements embraces not only what may be inherited, but whatever may be holden in tenure.

Pond v. Bergh, 10 Paige, 140.

A joint^stock mining company borrowed money on debentures, whereby they charged '' all the lands, tenements, and estate of the said company, and all their undertaking," as security therefor. It was held that neitlier unpaid calls nor future calls were within those terms; and that, in winding up, simple-contract creditors were entitled to resort to the assets of the company other than the real estate, and the " undertaking," as defined by this statute.

King v. Marshall, 10 Jur. N. s. 921.

Land titles and transfer act.

The Stat. 38 & 39 Vict. ch.

87, passed in 1875, for the establishment of a land-registry for the registration of titles to land, containing various provisions in reference to the transmission of land, and unregistered dealings with registered land, &c., analogous to the recording or registry laws, so long and widely used in the United States. Moz- Un Sr W. Vict. ch. 18, passed in 1845, in which the clauses gathered from a great number of previous acts of parliament, authorizing acquisition of lands by public companies for the corporate uses, were consolidated. It embraced England and Ireland; and was amended by 23 & 24 Vict. ch.

106, passed in 1860, and by 32 & 33 Vict. ch. IB, passed in 1869.

A similar act, Stat. 8 & 9 Vict. ch. 19, for Scotland, was amended by 23 & 24 Vict, ch.

106.

The object of these general acts is said to be, to provide legislative clauses, in a convenient form, for incorporation by reference in future special acts of parliament for taking lands, with or without the consent of their respective owners, for the promotion of railways and other public undertakings.