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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.
!"#. .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
!"# 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 %%#.