LAND, LANDS. A term comprehend ing any ground, soil, or earth whatsoever: as, meadows, pastures, woods, waters, marshes, furzes, and heath. Arable land.
An estate of frank tenement at the least. Sheppard, Touehst. 92.
Land has an indefinite extent upward as vvell as downwards : therefore, land legally includes all houses or other buildings standing or built 011 it, and whatever is in a direct line between the surface and the eentre of the earth. 3 Kent, Comm. 378, n. See Coke. Litt. 4 a; Wood, Inst. 120; 2 Sharswood, B.ackst. Comm. 18; 1 Cruise, Dig. 58. It is not so bread a term as tenemems, or hereditaments, but has been defined in some states as including these. 1 Wavhburn, Real Prop. 9.
In the technical sense, freeholds are not included within the word lands. Medd. Cb. 535. The term terra in Latin was used to denote land, from terendo, quia voinere teritur (because it is broken by the plough), and, accordingly, in fines and re coveries, land, i.e. terra, has been held to mean arable lend. Salk. 256 ; Cowp. 346 ; Celte, Litt. 4 a; 11 Coke, 55 a. But see Croke Eliz. 476; 4 Bingh. 90: Burton, Real Prop. 196. See, also, 2 P. Will. Ch. 458, n. ; 5 Ves. Ch. 476; 20 Viner, Ahr. 203.
2. Land includes, in general, all the build ings erected upon it, 9 Day, Conn. 374 ; but to this general rule there are some exceptions. It is true that if a stranger voluntarily erect buildings on another's land, they will belong to the owner of the land, and will become a part of it, 16 Mass. 449 : yet cases are not wanting where it has been held that such an erection, under peculiar circumstances, would be considered 48 personal property. 4 Mass. 514; 5 Pick. Mass. 487 ; 8 id. 203, 402 ; 6 N. H. 555 ; 10 Me. 371 ; 1 Dan. Ky. 591 ; I
Burr. 144. It includes mines, except mines of gold and silver ; and in the United States a grant of public lands will include these also. 3 Kent, Comm. 378, n.; 1 N. Y. 572.
See MINES.
3. If one be seised of some lands in fee, and possessed of other lands for years, all in one parish, and be grant all his lands in that parish (without naming them), in fee-simple, or for life, by this grant shall pass no more but the lands he bath in fee-simple. Shep pard, Touchst. 92. But if a man have no freehold estate, " lands," in a will, will pass his leasehold ; and now, by statute, leasehold will pass' if no contrary intent is shown, and the description is applicable even if he have freehold. 1 Viet. c. 26; 2 Boa. & P. 303 ; Croke Car. 292 ; 1 P. Will. Ch. 286 ; 11 Bear. Rolls, 237, 250.
Generally, in wills, "land" is used in its broadest sense. 1 Jarman, Wills, Perkins ed. 604, n. ; Powell, Dev. Jarman ed. 186. But as the word has two senses, one general and one restricted, if it occurs accompanied with other words which either in whore or in part supply the difference between the two senses, that is a reason for taking it in its less general sense: e.g. in a grant of lands, meadow's, and pastures, the former word is held tb mean only arable land. Burton, Real Prop. 183 ; Croke Eliz. 476, 659 ; 2 And. 123.
4. Incorporeal hereditaments will not pass under "lands," if there is • any other real estate to satisfy the devise ; but if there is no other such real estate they- will pass, by statute. Moore, 359, pl. 49; 3 & 4 Will. IV. cc. 74, 105, 106