Also known as:tract of land · parcel of land · tract · parcel · land tract · land parcel
Written by attorneys · grounded in primary & secondary sources — see below
A descriptive phrase for a defined area of land with identifiable boundaries.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Restatements
How it applies
Common Examples
5
Zoning Amendment Notice Failure
Theodore Tucker owns a tract of land zoned for residential use. The city council amends the zoning ordinance to permit commercial development on that tract alone without publishing notice or holding a hearing. Tucker challenges the amendment, arguing that the change lacks the required procedural safeguards and bears no substantial relation to public welfare.
Appurtenant Easement Benefit
Tyler Taylor owns Whiteacre and receives an easement across Blackacre, a neighboring parcel of land, for lake access. The deed states the easement benefits only the owner of Whiteacre. When Taylor sells Whiteacre, the buyer automatically receives the easement right because it is tied to ownership of that specific tract.
Tamara Tan owns a single tract of land surrounded by residential zones. The city rezones only her tract for industrial use to benefit her alone, contrary to the comprehensive plan. Neighbors sue, claiming the rezoning is arbitrary and lacks a legitimate public purpose.
In Gross Servitude Burden
Travis Tate grants a right to harvest timber from his parcel of land to a lumber company. The deed does not tie the right to any other land owned by the company. When Tate sells the parcel, the new owner takes it free of the burden because the servitude is in gross rather than appurtenant.
Mineral Interest Lapse Claim
Talia Torres owns an unused mineral interest in a tract of land. Under the state statute, the interest lapses after two years of nonuse. Torres files no statement of claim, so the interest reverts to the surface owner when the statutory period expires.
Texaco, Inc. v. Short454 U.S. 516, 534 (1982)
Common questions
Frequently Asked
3
How does the term tract or parcel of land function in zoning disputes?+
The phrase identifies the specific area subject to a zoning ordinance or amendment. Courts examine whether an amendment singles out one such area for inconsistent treatment without a public purpose.
When is a servitude benefit or burden tied to a tract or parcel of land?+
A servitude is appurtenant when the right or obligation can be held only by the owner or occupier of a particular tract. The benefit or burden then runs with that land rather than existing independently.
What distinguishes an in-gross servitude from one tied to a tract or parcel?+
An in-gross servitude exists when the benefit or burden is not linked to ownership of any particular tract. The right or duty stands alone and does not automatically pass with conveyance of land.
576 P.2d 1064Property
…of instruments of conveyance is to impart to a subsequent purchaser notice of instruments which affect the title to a specific tract of land in which the subsequent purchaser is interested at the time. From a reading of all of the statutory provisions together, we have concluded that the legislature intended that recorded…