Laws affecting the possession and use of land fall under the land use laws umbrella. Land can be used by an individual or business without ownership, including city workers, the government, and various public entities. Land may be frequented by service workers, mail carriers, and trespassers. Every state has special rules regarding land use including zoning, trespassing, eminent domain, and easements. These laws are important when a conflict arises.
Land Attachments
Natural land attachments include oil, mineral deposits, and trees. Artificial attachments include fences, sidewalks and buildings.
The Definition of Land
Land definition is not straight forward because there is no statutory definition. The best definition is the surface owners’ rights extend downward to the center of the earth, and upwards towards the heavens. This is the translation of a Latin phrase used in the case of Corbett V Hill. The problem is that in modern society, it would not be possible to own land from the earths center to the heavens and everything in-between.
The Landowner’s Rights
The act of trespass is defined as any intrusion on the property of a landowner. If an individual’s tree branches are overhanging into a neighbor’s yard, the neighbor is not required to give notice before cutting the branches. Land is considered three dimensional and includes the land, the area beneath the surface, and the airspace. For any questions regarding the definition, or usage of land, a consultation with an attorney at our Palm Springs real estate law firm is recommended.
