LAND. Any ground, soil, or earth what soever : as, meadows, pastures, woods, wa ters, marshes, furzes, and heath. Kingsley v. Holbrook, 45 N. H. 313, 86 Am. Dec. 173.
An estate of frank tenement at the least. Shepp. Touch. 92.
The term terra in Latin was used to denote land from terendo quid vomere teritur (be cause it is broken by the plough), and ac cordingly, in fines and recoveries, land, i. e. terra, was formerly held to mean arable land. Cowp. 346; Co. Litt. 4 a. But see Cro. Eliz. 476 ; 4 Bingh. 90. See also 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Abr. 203.
At common law the term land has a two fold meaning. In its more general sense, it includes any ground, soil, or earth what soever, as meadows, pastures, woods, marsh es, furze, etc.; 1 Inst. 4 a; 2 Bla. Com. 18. In its more limited sense, the term land de notes the quantity and character of the in terest or estate which the tenant may hold In land. The land is one thing, and the es tate in land is another thing, fo'r an estate in land is a time in land or land for a time. Plowd. 555..
Generally, in wills, "land" is used in its broadest sense; Schoul. Wills § 498; 1 Jarm. Wills 604, n.; 1 Pow. Dev. 186; Pond v. Bergh, 10 Paige (N. Y.) 140. A freehold estate in reversion or remainder will pass under the term ; 3 P. Wms. 55; Hunter v. Hunter, 17 Barb. (N. Y.) 86; or in a deed; Pond 'v. Bergh, 10 Paige (N. Y.) 156. But as the word has two senses, one general and one restricted, if it occur in connection with other words which either in whole 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, meadows, and pastures, the former word is held to mean only arable land. Cro. Eliz. 476, 659; Van Gorden v. Jackson, 5 Johns. (N. Y.) 440.
If one be seized 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, by this grant shall pass no more than the lands he hath in fee-simple ; Shepp. Touchst. 92. But if a man have no freehold
estate, "lands," in a will, will pass his lease hold; 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 B. & P. 303 ; 1 P. Wms. 286; 11 Beay. 237, 250.
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. See REAL PROP ERTY ; FIXTURES. Incorporeal hereditaments have been held not land; Boreel v. City of New York, 2 Sandf. (N. Y.) 552. See People v. Board, 39 N. Y. 87 ; contra, People v. Cas sity, 46 N. Y. 46; People v. Com'rs of Taxes, 101 N. Y. 322, 4 N. E. 127. The word land does not comprehend rents which are incor poreal, which are not lands, but mere rights or profits issuing out of lands and tenements corporeal; Franciscus v. Reigart, 4 Watts (Pa.) 109; Herrington v.. Budd, 5 Denio (N. Y.) 324. In a statute the term has been held to include an easement, if such con struction appears to have been in accordance with the intention of the legislature ; 15 L. J. Ch. 306. Land has been held to include servitudes, easements, rents, and other in corporeal hereditaments, and all rights there to and interests therein, equitable as well as legal ; Oskaloosa Water Co. b. Board, 84 Ia. 407, 51 N. W. 18, 15 L. R. A. 296; Butler v. Green, 65 Hun 99, 19 N. Y. Supp. 890; and to be synonymous with the terms real estate and real property; Black v. Min. • Co., 49 Fed. 549; and to include leases for years, remain ders, reversions, rent-charges, tithes, advow sons, and titles of honor; 30 Ch. Div. 136.
Land has an indefinite extent upward as well as downward ; therefore, land legally includes all houses or other buildings stand ing or built on it, and whatever is in a di rect line between the surface and the centre of the earth ; 3 Kent 378, n. See Co. Litt. 4 a; Lanpher v. Glenn, 37 Minn. 4, 33 N. W. 10; Wood, Inst. 120; 2 Bla. Corn. 18; Cruise, Dig. 58; REAL PROPERTY.