Land


The term “land,” in the most general sense, refers to any ground, soil, or earth; as fields, meadows, pastures, woods, moors, waters, marshes, furies, and heath.

Reference Desk:

Reynard v. City of Caldwell55 Idaho 342 (1935)

“The word ‘land’ has, in law, a well settled, and a legal meaning. The word is a term of art, but it may be used in different senses. At common law, it has a twofold meaning. It may be used in a general or a limited sense. In its general sense the term is broad and comprehensive, of very extensive signification, of very wide meaning, and is considered as nomen generalissimum.

“. . . . Thus, technically, and as considered under ‘things real’ land signifies everything which may be holden; and the term is defined as comprehending all things of a permanent and substantial nature, and even of an unsubstantial, provided they be permanent. Land includes solid material of the earth, whatever may be the ingredients of which it is composed, any ground, soil or earth whatsoever, it has also been said to include fields, and arable meadows, pastures, woods, moors, waters, marshes, furzes and heath. It includes, not only the face of the earth, but everything under it or over it, and has in its legal signification an indefinite extent upward and downward, giving rise to the maxim, Cujus est soleum ejus est usque ad coelum. It includes, not only the soil or earth, but also things of a permanent nature affixed thereto, whether by nature or by the hand of man. So it includes those natural products such as growing trees, grass, herbage, and other natural or perennial products of the land, and even growing crops, before maturity and unsevered from the soil, although usually crops which are the annual products of industry and agriculture are regarded as personal property. It also includes structures of a permanent character erected upon the land, such as buildings, fixtures, fences, bridges, as well as works constructed for the use of water, such as dikes, canals, flumes, mill races, and reservoirs. A shed erected upon a pier has been held to be ‘land.’ ” (50 C. J., secs. 23, 24, pp. 751-753.)

“The term (land) may also be used interchangeably with ‘property’; it may include anything that may be classed as ‘real estate’ or ‘real property’; and it may include any estate or interest in lands, whether a fee or less than a fee, a remainder in fee, either legal or equitable estates or interests, easements, incorporeal hereditaments, . . . .” (50 C. J., sec. 26, p. 754.)