LINE versus LAND

User avatar
LS_8750
Posts: 845
Joined: Tue Jul 20, 2010 5:36 pm
Location: Sonoma
Contact:

Re: LINE versus LAND

Postby LS_8750 » Thu Jun 03, 2021 7:50 am

A line is the connection between two points in space and/or time. Land would be contained in that infinite incalculable three-dimensional realm called space.

User avatar
steffan
Posts: 223
Joined: Wed Oct 10, 2007 2:44 pm
Location: N CA

Re: LINE versus LAND

Postby steffan » Thu Jun 03, 2021 11:18 am

As it relates to land, a line is the intersection of the undulating earth’s surface and an either curved or plane boundary surface. The boundary surface of which emanates from the center of the earth and radiates outward, through the earth’s surface and continues outward into space. All of which are in constant motion in relation to a continually drifting earth surface and in relation to a dynamic reference system perceived by most to be static.
Land is the temporal rights to surface area between a series of aforementioned lines, along the undulating earth’s surface, and may include rights above or below said surface.
Last edited by steffan on Thu Jun 03, 2021 11:31 am, edited 1 time in total.

User avatar
Warren Smith
Posts: 819
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: LINE versus LAND

Postby Warren Smith » Thu Jun 03, 2021 11:31 am

Ah, yes, land ownership includes incorporeal rights - both those enjoyed by the owner, and those enforceable by others. An example is the responsibility for an adjacent landowner to keep the sidewalk in repair under the police authority of the local agency. Tree root damage from the parkway, don't you know.
This was a favorite argument used by a City Attorney in a SoCal City when the inevitable slip and fall action was filed against said City.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

User avatar
mpallamary
Posts: 2899
Joined: Tue Mar 11, 2008 2:12 pm

Re: LINE versus LAND

Postby mpallamary » Fri Jun 04, 2021 10:20 am

These are great answers and very helpful!

In furtherance of this query, per case law, the Civil Code and related Condominium law:

LAND. This term comprehends any found, soil or earth whatsoever, as meadows, pastures, woods, waters, marshes, furze and heath. It has an indefinite extent upwards as well as downwards; therefore land, legally includes all houses and other buildings standing 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 Prop. 58. In a more confined sense, the word land is said to denote "frank tenement at the least." Shep. To. 92. In this sense, then, leaseholds 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 possessed 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 arable land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458,n.; 5 Ves. 476; 20 Vin. Ab. 203.

********************************************
DEFINITION OF LAND
CIVIL CODE
659.

Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law.
(Amended by Stats. 1963, Ch. 860.)

CIVIL CODE
1351
(f) A "condominium project" means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.


**********************************

User avatar
marchenko
Posts: 73
Joined: Tue Nov 12, 2002 12:24 pm

Re: LINE versus LAND

Postby marchenko » Fri Jun 04, 2021 1:02 pm

Land = "Oh, give me land, lots of land under starry skies above"

Line = "Don't fence me in"...

"...Underneath the Western skies " = more Land

and then in closing

the ridge [Line] where the West [Land] commences
And gaze at the moon [neither] till I lose my senses.

thanks for making my Friday fun, George Marchenko

User avatar
Warren Smith
Posts: 819
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: LINE versus LAND

Postby Warren Smith » Fri Jun 04, 2021 1:26 pm

And subsurface rights. Could be quartz mining claims; oil and gas extraction (without right of surface entry); groundwater infusion and extraction; subterranean transit or even parking; utilities; monitoring wells; adjacent support (think seawalls and slant piles). A myriad of possibilities.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

User avatar
mpallamary
Posts: 2899
Joined: Tue Mar 11, 2008 2:12 pm

Re: LINE versus LAND

Postby mpallamary » Fri Jun 04, 2021 3:29 pm

Excellent!

Yes.

User avatar
LS_8750
Posts: 845
Joined: Tue Jul 20, 2010 5:36 pm
Location: Sonoma
Contact:

Re: LINE versus LAND

Postby LS_8750 » Tue Jun 08, 2021 9:44 am

Bravo Mr. Marchenko.

User avatar
PLS7393
Posts: 793
Joined: Tue Aug 24, 2004 2:09 pm
Location: Bay Area (Fremont)
Contact:

Re: LINE versus LAND

Postby PLS7393 » Mon Jun 21, 2021 7:43 am

I guess Mike wants a logical answer.

A LINE (or LINES) establish LAND
Keith Nofield, Professional Land Surveying
PLS 7393

User avatar
mpallamary
Posts: 2899
Joined: Tue Mar 11, 2008 2:12 pm

Re: LINE versus LAND

Postby mpallamary » Mon Jun 21, 2021 8:43 am

Thanks! I appreciate everyone's comments!


Return to “General Discussion”

Who is online

Users browsing this forum: No registered users and 7 guests