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    LAND Blacks 1st

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    georaw9588
    LAND, in the most general sense, comprehends any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, water, marshes, furzes, and heath. Co. Litt. 4a. The word "land" includes not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. 1 N. Y. 572; 2 Comm. 16, 17. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, er other substance. Civil Code 859.

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    LAND Blacks 1st

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    georaw9588
    60 views2 pages
    LAND, in the most general sense, comprehends any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, water, marshes, furzes, and heath. Co. Litt. 4a. The word "land" includes not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. 1 N. Y. 572; 2 Comm. 16, 17. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, er other substance. Civil Code 859.

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    LAND, in the most general sense, comprehends any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, water, marshes, furzes, and heath. Co. Litt. 4a. The word "land" includes not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. 1 N. Y. 572; 2 Comm. 16, 17. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, er other substance. Civil Code 859.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    60 views2 pages

    LAND Blacks 1st

    Uploaded by

    georaw9588
    LAND, in the most general sense, comprehends any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, water, marshes, furzes, and heath. Co. Litt. 4a. The word "land" includes not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. 1 N. Y. 572; 2 Comm. 16, 17. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, er other substance. Civil Code 859.

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    LAND Blacks 1st

    LAND, in the most general sense, comprehends any ground, soil, or earth whatsoever; as
    meadows, pastures, woods, moors, water, marshes, furzes, and heath. Co. Litt. 4a.
    The word "land" includes not only the soil, ut everything attached to it, whether
    attached by the course of nature, as trees, herbage, and water, or by the hand of
    man, as buildings and fences. ! N. ". #$%; % Comm. !&, !$. Land is the solid material of
    the earth, whatever may e the ingredients of which it is composed, whether soil, roc', er
    other sustance. Civil Code (#).
    *hilosophically, 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 e+plain or ,ustify such
    e+pressions as that "whoever owns the land owns the buildings above and the
    minerals below," upon the view, not that these are within the e+tension of the term
    -land,- ut that they are so connected with it that by rules of law they pass by a
    conveyance of the land. .his view ma'es -land, -as a term, narrower in signification
    than -realty ; - though it would allow an /nstrument spea'ing of land to operate co0
    e+tensively with one granting realty or real property y either of those terms. 1ut many
    of the authorities use the expression "land" as including these incidents to the soil.
    Aott.
    Bouviers
    !"#. .his term comprehends any found, soil or earth whatsoever, as meadows,
    pastures, woods, waters, marshes, furze and heath. /t has an indefinite e+tent upwards as
    well as downwards; therefore land, legally includes all houses and other uildings
    standing or uilt on it; and whatever is in a direct line etween the surface and the centre
    of the earth, such as mines of metals and fossils. ! /nst. 4 a; 2ood3s /nst. !%4; % 1!. Com.
    !(; ! Cruise on 5eal *rop. #(. /n a more confined sense, the word land is said to denote
    -fran' tenement at the least.- 6hepp. .ouch. )%. /n this sense, then, leaseholds cannot e
    said to e included under the word lands. ( 7add. 5ep. &8#. .he technical sense of the
    word land is farther e+plained y 6heppard, in his .ouch. p. ((, thus9 -if one e 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; y this grant
    shall pass no, more ut the lands he hath in fee simple.- /t is also said that land in its legal
    acceptation means arale land. !! Co. ## a. 6ee also Cro. Car. %)8; % *. 2ms. 4#(, n.; #
    <es. 4$&; %4 <in. A. %48.
    %. Land, as aove oserved, includes in general all the uildings erected upon it; ) Day,
    5. 8$4; ut to this general rule there are some e+ceptions. /t is true, that if a stranger
    voluntarily erect uildings on another3s land, they will elong to the owner of the land,
    and will ecome a part of it; !& 7ass. 5. 44); yet cases are, not wanting where it has
    een decided that such an erection, under peculiar circumstances, would be considered
    as personal property. 4 7ass. 5. #!4; ( *ic'. 5. %(8, 44%; # *ic', 5. 4($; & N. =. 5ep.
    ###; % >airf. 5. 8$!; ! Dana, 5. #)!; ! 1urr. !44.
    !"# $!%&. A monument set up in order to ascertain the oundaries etween two
    contiguous estates. >or removing a land mar' an action lies. ! .ho. Co. Litt. $($. <ide
    7onuments.
    !"# T'"!"T. =e who actually possesses the land. =e is technically called the terre0
    tenant. :?. v.;
    !"#(%#. =e who rents or leases real estate to another.
    %. =e is ound to perform certain duties and is entitled to certain rights, which will here
    e riefly considered. !st. =is oligations are, !. .o perform all the e+press covenants
    into which he has entered in ma'ing the lease. %. .o secure to the tenant the ?uiet
    en,oyment of the premises leased; ut a tenant for years has no remedy against his
    landlord, if he e ousted y one who has no title, in that case the law leaves him to his
    remedy against the wrong doer. ". 1. %% =. </. #% , and 8% =. </. 8% ; Cro. @liz. %!4; %
    Leon. !44; and see 1ac. A. Covenant, 1. 1ut the implied covenant for ?uiet en,oyment
    may e ?ualified, and enlarged or narrowed according to the particular agreement of the
    parties; and a general covenant for ?uiet en,oyment does not e+tend to wrongful evictions
    or disturances y a stranger. ". 1. %& =. <///. 8 . 8. .he landlord is ound y his
    e+press covenant to repair the premises, ut unless he ind himself y e+press covenant
    the tenant cannot compel him to repair. ! 6aund. 8%4; ! <ent. %&, 44; ! 6ed. 4%); % Ae.
    #4#; ! .. 5. (!%; ! 6im. 5. !4&.
    8. =is rights are, !. .o receive the rent agreed upon, and to enforce all the e+press
    covenants into which the tenant may have entered. %. .o re?uire the lessee to treat the
    premises demised in such manner that no in,ury e done to the inheritance, and prevent
    waste. 8. .o have the possession of the premises after the e+piration of the lease. <ide,
    generally, Com. L. B .., 1. 8, c. !; 2oodf. L. B .. ch. !4; % 1l. Com. y Chitty, %$#,
    note; 1ouv. /nst. /nde+, h. t.; ! 6upp. to <es. Cr. %!%, %4&, %4); % /d. %8%, 448; Com. Dig.
    @state y Drant, D !; # Com. Dig. tit. Nisi *rius Dig. page ##8; ( Com. Dig. &)4; 2hart.
    Dig. Landlord B .enant. As to frauds etween landlord and tenant, see =ov. *r. c. &, p.
    !)) to %%#.

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