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NeCede's

Maxim 5.2.3

Land comprehends every ground, soil, or earth whatsoever — meadows, pastures, woods, moors, waters, and marshes.

Terra comprehendit omnem rem, solum, seu fundamentum quodcunque.

Source: Co. Litt. 4a; Weisman, 70w Difficulty 2/5 — Approachable

Explanation

"Land" in law is the broadest term — it encompasses not merely dry soil but every type of ground and the water that covers it.

Where this applies

  • A landowner argues that the marshy portion of his property is not 'land' and therefore exempt from property taxes — the court holds that land comprehends every type of ground, including marshes, and the tax applies.
  • A developer claims that a submerged portion of his parcel covered by a seasonal creek is not part of the deeded land — under this maxim, the waters and the ground beneath them are comprehended within the legal meaning of land.
  • A farmer disputes whether his wooded hillside and boggy meadow are included in a neighboring landowner's boundary claim — the law defines land to include woods, pastures, moors, and every type of ground, so all of it counts.

Legal domains

See also

Cite this maxim

NeCede Max. 5.2.3 — Land comprehends every ground, soil, or earth whatsoever — meadows, pastures, woods, moors, waters, and marshes. — Co. Litt. 4a; Weisman, 70w (Terra comprehendit omnem rem, solum, seu fundamentum quodcunque.)

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