Also known as:lands · landed · landing · landlocked · landmark · landmarks · landworthy · real property · real estate
Written by attorneys · grounded in primary & secondary sources — see below
An immovable three-dimensional area consisting of a portion of the earth's surface together with the space above and below it and everything growing on or permanently affixed to it. An estate or interest in real property also qualifies as land under this definition.
Sources & Authorities
How it applies
Common Examples
6
Unmarketable Title Blocks Closing
Luke Latham agreed to sell a parcel to Lila Lin under a contract requiring marketable title at closing. A recorded lien remained on the parcel and Latham could not remove it before the closing date. Lin refused to close and demanded rescission because the lien created reasonable doubt that a prudent purchaser would accept.
Taking of Private Land Without Compensation
The state seized a tract owned by Logan Lane to build a highway without filing condemnation proceedings or offering payment. Lane sued claiming the seizure deprived him of property without due process. The court held the action violated the constitutional protection against uncompensated takings of land.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Lena Lawson discovered strangers cutting across her wooded parcel to reach a lake. She ordered them to leave and stood in their path when they refused. The statute permitted her use of reasonable force to terminate the unlawful entry onto land she possessed.
Mortgage Interest Governed by Situs Law
Luis Lopez granted a mortgage on land located in State X to secure a loan from a lender in State Y. When foreclosure questions arose the court applied the law of State X to determine the nature of the interest created in the land.
Intentional Entry Constitutes Trespass
Lily Lopez crossed a fence onto a parcel possessed by Legacy Motors to inspect a disputed boundary marker. She knew the parcel belonged to the company yet entered anyway. The entry subjected her to liability for trespass even though no physical damage occurred.
Discriminatory Appraisal of Residential Land
Lumen Capital refused to appraise a residential lot owned by Luis Lopez because of the buyer's national origin. The refusal occurred during a brokered sale of the land. The statute prohibits such discrimination in the appraisal of residential real property.
Common questions
Frequently Asked
3
What defects commonly render title to land unmarketable?+
Unreleased liens, breaks in the chain of title, outstanding easements or covenants, and pending litigation that clouds title each render title unmarketable. A buyer may refuse to close or rescind when such defects exist and the seller cannot cure them by closing.
Does the Fifth Amendment protect interests in land from government seizure?+
The Fifth Amendment prohibits deprivation of property without due process and requires just compensation when private land is taken for public use. Seizure without these protections violates the constitutional guarantee.
When may a possessor of land use force to exclude trespassers?+
A possessor may use reasonable force to prevent or terminate an unlawful entry onto land believed to be in the possessor's control. The force must be limited to what is necessary to end the trespass.
5 U.S. (1 Cranch) 137 (1803)Property
…copy should be entitled to it; if the Secretary refuses shall he not be compelled? There is no difference between a patent for lands and the commission of a judicial officer, the duty of the Secretary is precisely the same. After the President has signed a commission for an office not held at his will and it comes to the…