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.
Topics
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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