LAND

land,n.1. An immovable and indestructible three-dimensional area consisting of a portion of the earth’s surface, the space above and below the surface, and everything growing on or permanently affixed to it. 2. An estate or interest in real property. [Cases: Estates in Property  1. C.J.S. Estates §§ 2–5, 8, 15–21, 116–128, 137, 243.]

“In its legal significance, ‘land’ is not restricted to the earth’s surface, but extends below and above the surface. Nor is it confined to solids, but may encompass within its bounds such things as gases and liquids. A definition of ‘land’ along the lines of ‘a mass of physical matter occupying space’ also is not sufficient, for an owner of land may remove part or all of that physical matter, as by digging up and carrying away the soil, but would nevertheless retain as part of his ‘land’ the space that remains. Ultimately, as a juristic concept, ‘land’ is simply an area of three-dimensional space, its position being identified by natural or imaginary points located by reference to the earth’s surface. ‘Land’ is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents. Land is immoveable, as distinct from chattels, which are moveable; it is also, in its legal significance, indestructible. The contents of the space may be physically severed, destroyed or consumed, but the space itself, and so the ‘land’, remains immutable.” Peter Butt, Land Law 9 (2d ed. 1988). accommodation land.Land that is bought by a builder or speculator who erects houses or improvements on it and then leases it at an increased rent.

acquired federal land.(usu. pl.) Federal land that was never in the public domain. See federal land.

acquired land.Land acquired by the government from private hands or from another governmental entity; esp., property acquired by the federal government from private or state ownership. • This term is frequently contrasted with public domain. — Also termed acquired lands. See PUBLIC DOMAIN(1).

“ ‘Acquired lands’ are lands the United States acquired from private or state owners by gift, purchase, exchange, or condemnation. In most but not all cases, such lands actually have been ‘reacquired,’ because the United States previously had purchased or won them from foreign and Indian sovereigns. Distinguishing between lands because of ownership origins that go back over a century is a policy with little to recommend it, but some statutes and judicial opinions maintain the distinction.” George Cameron Coggins, Public Natural Resources Law § 1.02[1] (1990).

arable land (ar-<<schwa>>-b<<schwa>>l). Land fit for cultivation. — Formerly also termed araturia; aralia; aratia.

bounty land.A portion of public land given or donated as a reward, esp. for military service.

See MILITARY BOUNTY LAND. [Cases: Public Lands  46. C.J.S. Public Lands § 64.]

certificate land.Land in the western part of Pennsylvania set apart after the American Revolution to be bought with certificates that the soldiers received in lieu of pay. Cf. donation land.

Crown land.Demesne land of the Crown; esp., in England and Canada, land belonging to the sovereign personally, or to the government, as distinguished from land held under private ownership. — Also termed demesne land of the Crown. See demesne land.

demesne land (di-maynor di-meen).Hist. Land reserved by a lord for personal use.

donation land.Land granted from the public domain to an individual as a gift, usu. as a reward for services or to encourage settlement in a remote area. • The term was initially used in Pennsylvania to reward Revolutionary War soldiers. Cf. certificate land. [Cases: Public Lands  45. C.J.S. Public Lands §§ 67–70.]

earned land.Public land that is conveyed by a land patent to a private person who has

performed a certain condition, usu. one spelled out in an earlier grant. See PATENT(2).

enclosed land.Land that is actually enclosed and surrounded with fences.

fabric land.Hist. Land given toward the maintenance, repair, or rebuilding of a cathedral or other church. • This term derives from funds given ad fabricam ecclesiae reparandam (“to repair the fabric of the church”).

“Fabrick-Lands are lands given towards the maintenance, rebuilding, or repair of Cathedrals or other churches …. In antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv’d.” Thomas Blount, Nomo-Lexicon: A Law-Dictionary (1670).

fast land.(often pl.) Land that is above the high-water mark and that, when flooded by a government project, is subjected to a governmental taking. • Owners of fast lands are entitled to just compensation for the taking. See TAKING(2). [Cases: Eminent Domain  2(10). C.J.S. Eminent Domain §§ 18, 90–96.]

federal land.(usu. pl.) Land owned by the United States government. • Federal lands are classified as public lands (also termed “lands in the public domain”) or acquired federal lands, depending on how the land was obtained. See acquired federal land.

government land.See public land. hide land.Hist. See HIDE. indemnity land.See INDEMNITY LAND.

lammas land (lam-<<schwa>>s).Hist. Land over which persons other than the owner have the right of pasturage during winter, from lammas (reaping time) until sowing time.

lieu land (loo). Public land within indemnity limits granted in lieu of those lost within place limits. [Cases: Public Lands  53, 81. C.J.S. Public Lands §§ 81, 126.]

life land.Hist. Land leased for a term measured by the life of one or more persons. — Also termed life-hold.

made land.Artificially formed land, usu. land that has been reclaimed by filling or created by dredging.

mineral land.Land that contains deposits of valuable minerals in quantities justifying the costs of extraction and using the land for mining, rather than agricultural or other purposes.

place land.See INDEMNITY LAND.

public land.Lands or land interests held by the government, without regard to how the government acquired ownership; unappropriated land belonging to the federal or state government. — Also termed public lands; government land; public ground. [Cases: Public Lands  1. C.J.S. Public Lands § 3.]

“The terms ‘public lands’ and ‘federal lands’ may … include less than full fee interests, such as severed mineral estates. They usually do not, however, refer to submerged lands off the seacoasts (over which the United States asserts jurisdiction but not title), or lands held in trust for Indians.” George Cameron Coggins et al., Federal Public Land and Resources Law 3 (3d ed. 1993).

reserved land.See RESERVATION(3).

riparian land. 1. Land that includes part of the bed of a watercourse or lake. 2. Land that borders on a public watercourse or public lake whose bed is owned by the public. school land.Public real estate set apart for sale or exploitation by a state to establish and fund public schools. [Cases: Public Lands  51. C.J.S. Public Lands §§ 76–79, 82–83.]

seated land.Land that is occupied, cultivated, improved, reclaimed, farmed, or used as a place of residence, with or without cultivation.

settled land.Any land — or any interest in it — that is the subject of any document that limited it to, or put it into trust for, a person by way of succession.

swamp and overflowed land.Land that, because of its boggy, marshy, fenlike character, is unfit for cultivation, requiring drainage or reclamation to render it available for beneficial use. • Such lands were granted out of the U.S. public domain to the littoral states by acts of Congress in 1850 and thereafter.43 USCA §§ 981 et seq. [Cases: Public Lands  58. C.J.S. Public Lands §§ 102–103, 106–107.] tideland. See TIDELAND. withdrawn land.See RESERVATION(3).

[Blacks Law 8th]