英文法律词典 L-2

LAND. This term comprehends any found, soil or earth whatsoever¹, as meadows, pastures, woods, waters, marshes², furze and heath. It has an indefinite extent upwards³ as well as downwards⁴; therefore land, legally includes all houses and other buildings standing⁵ or built on it; and whatever is in a direct line between the surface and the centre of the earth, such as mines of metals and fossils. 1 Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on Real Prop⁶. 58. In a more confined sense, the word land is said to denote "frank tenement⁷ at the least." Shepp. Touch. 92. In this sense, then, leaseholds⁸ cannot be said to be included under the word lands. 8 Madd. Rep. 635. The technical sense of the word land is farther explained by Sheppard, in his Touch. p. 88, thus: "if one be seised of some lands in fee, and possessed⁹ 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 but the lands he hath in fee simple." It is also said that land in its legal acceptation means arable¹⁰ land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Ab. 203.

2. Land, as above observed, includes in general all the buildings erected¹¹ upon it; 9 Day, R. 374; but to this general rule there are some exceptions. It is true, that if a stranger voluntarily erect¹² buildings on another's land, they will belong to the owner of the land, and will become a part of it; 16 Mass. R. 449; yet cases are, not wanting where it has been decided¹³ that such an erection, under peculiar¹⁴ circumstances, would be considered as personal property. 4 Mass. R. 514; 8 Pick. R. 283, 402; 5 Pick, R. 487; 6 N. H. Rep. 555; 2 Fairf. R. 371; 1 Dana, R. 591; 1 Burr. 144.

LAND MARK. A monument set up in order to ascertain¹⁵ the boundaries between two contiguous estates. For removing a land mark an action lies. 1 Tho. Co. Litt. 787. Vide Monuments.

LAND TENANT¹⁶. He who actually possesses the land. He is technically¹⁷ called the terre-tenant. (q. v.)

LANDLORD. He who rents or leases real estate to another.

2. He is bound to perform certain duties and is entitled to certain rights, which will here be briefly¹⁸ considered. 1st. His obligations are, 1. To perform all the express covenants¹⁹ into which he has entered in making the lease. 2. To secure to the tenant the quiet enjoyment²¹ of the premises²² leased; but a tenant for years has no remedy against his landlord, if he be ousted²³ by one who has no title, in that case the law leaves him to his remedy against the wrong doer. Y. B. 22 H. VI. 52 b, and 32 H. VI. 32 b; Cro. Eliz. 214; 2 Leon. 104; and see Bac. Ab. Covenant²⁰, B. But the implied covenant for quiet enjoyment may be qualified²⁴, and enlarged or narrowed according to the particular agreement of the parties; and a general covenant for quiet enjoyment does not extend to wrongful evictions or disturbances²⁵ by a stranger. Y. B. 26 H. VIII. 3 b. 3. The landlord is bound by his express covenant to repair the premises, but unless he bind²⁶ himself by express covenant the tenant cannot compel him to repair. 1 Saund. 320; 1 Vent²⁷. 26, 44; 1 Sed. 429; 2 Keb. 505; 1 T. R. 812; 1 Sim. R. 146.

3. His rights are, 1. To receive the rent agreed upon, and to enforce all the express covenants into which the tenant may have entered. 2. To require the lessee²⁸ to treat the premises demised²⁹ in such manner that no injury be done to the inheritance, and prevent waste. 3. To have the possession of the premises after the expiration³⁰ of the lease. Vide, generally, Com. L. & T., B. 3, c. 1; Woodf. L. & T. ch. 10; 2 Bl. Com. by Chitty, 275, note; Bouv. Inst. Index, h. t.; 1 Supp. to Ves. Jr. 212, 246, 249; 2 Id. 232, 403; Com. Dig. Estate by Grant, G 1; 5 Com. Dig. tit. Nisi Prius Dig. page 553; 8 Com. Dig. 694; Whart. Dig. Landlord & Tenant. As to frauds between landlord and tenant, see Hov. Pr. c. 6, p. 199 to 225.