Property boundary

“ The landholders to have the use and profits of all the grounds until the city is laid off into lots, and sale is made of those lots, which, by this agreement, become public property. Nothing is to be allowed for the ground which may be occupied as streets or alleys.'
Subsequently, in order to carry out the agreement, the lot owners conveyed their lands to trustees. ”

“ The irregular boundaries of estates at home are attended with great inconvenience in many instances, and sometimes are the fruitful source of expensive litigation ; but here the division of the land into sections by straight lines, will at once benefit the owner of the property from its compactness, and also prevent the boundaries from becoming the cause of dispute. ”

“ The court said in that case, 'by grants of land, we do not mean the mere grant itself, but the right, title, legal possession, and estate, property and ownership, legally resulting upon a grant of land to the owner.' But in the case before us, from the want of survey, or some point for the beginning of one, there can neither be a seisin in fact nor in law; for identity of premises is as essential for a seisin in law, as it is necessarily implied in a seisin in fact. ”

“ To make the National Rate Book, each landowner values (with the magistrate) his land at what price he pleases; the State has the right to buy the land at any time at that price, plus 33-1/3 per cent for compulsory purchase. The magistrate sees that each separate house, farm, and plot is valued separately. No person need prove his title; any man can value any piece of land, and need not prove himself to be owner, tenant, or agent; but any piece of land valued by no one would be claimed as public property. ”

“ Our law for the distribution of intestate estates occasions a frequent division of landed property, and prevents monopolies of land. But in opposition to these we have labored under many disadvantages. ”

“ The second law related to land, enacting that no one should occupy more than five hundred jugera, or acres, and that if he had a surplus, he should be deprived of it, for the benefit of those who wished to settle their own liabilities with other people's property. ”

“ The county would, for tax purposes, define real property so as to treat machinery, equipment, fixtures, and the land on which a manufacturing establishment is located as an integral real property unit. ”

“ And what is true of lots in cities, the ownership of which is in dispute, is equally true of large tracts of land in the country. The property in this case, to quiet the title to which the present suit is brought, is described in the bill as unoccupied, wild, and uncultivated land. Few persons would be willing to take possession of such land, inclose cultivate, and improve it, in the face of a disputed claim to its ownership. ”

“ In the law of the Visigoths, we find men who own vineyards, fields, meadows, and even pasturage and forests. [82] Land is hereditary property; and there is an entire section upon the division of landed possessions [Pg 19] amongst co-heirs, as well as one on the boundaries of private estates. It is the same throughout the Lombard law; the right of ownership applies to everything, even to forests. ”

“ He cannot be taxed for land situated elsewhere, and the same is true of personal property permanently out of the jurisdiction. It does not matter, I take it, whether the interest is legal or equitable, or what the machinery by which it is reached, but the question is whether the object of the right is so local in its foundation and prime meaning that it should stand like an interest in land. ”

“ The usual clause in Enclosure Acts stated that the land should be 'allotted according to the several and respective rights of all who had rights and interests' in the enclosed property, and expenses were to be borne 'in proportion to the respective shares of the people interested'. ”

“ Apprehension of land as common property The doctrine of eminent domain, which makes the sovereign theoretically the only absolute owner of land, springs from nothing but the recognition of the sovereign as the representative of the collective rights of the people. ”

“ That act provides that an owner of a large estate may sell to his tenants the holdings they occupy, and his untenanted land to any one who desires to buy it, in such tracts and at such prices as may be agreed upon, corresponding to the income now derived from that particular property. No landlord can sell a few acres here and there of good land under this act, although, of course, he is at liberty to dispose of any part of his estate at any time at any price that he may consider proper. ”

“ All that I now wish to remark is that that portion of the land which is held as private property, has for a long time been divided into such small holdings, and from absence of settlements, trusts, and charges, has been so completely at the disposal of existing proprietors, as would probably satisfy the most extreme Internationalist, who was in favour of permitting any private rights at all in the land. ”

“ A lease of land is the rightful possession and use without the ownership of it, while a servitude over land is the rightful use without either the ownership or the possession of it. There are two distinct methods in which I may acquire a road across another man’s property. ”

“ And if, not the tenant, but the landlord himself, were deprived of his property? or, if anyone not in possession claimed a piece of land as his freehold? These forms of procedure were not available, since they were personal actions, and a claimant to the freehold must proceed by a real action. These last were in early times the most important of all. ”

“ For you to be able correctly to consider this, you must not think that the land which will be abandoned by the proprietors will become your property, but must understand that, for the use of the land to be regularly and without bias apportioned among all men, the right to own land, though it be but one square rod, should not be acknowledged in the case of any one. ”

“ We should be more inclined to believe that this public land was occupied under some regulations, in order to prevent disputes; but if such regulations existed we know nothing about them. There was no survey made of the public land which was from time to time acquired, but there were certainly general boundaries fixed for the purpose of determining what had become public property. The lands which were sold and given were of necessity surveyed and fixed by boundaries. ”

“ The land is all private property,—or nearly so, very little of it remaining in the hands of the Government on behalf of the people generally,—and having been divided into these large sections, cannot now be split up into smaller sections except by sale or inheritance. ”

“ By common law, a tenant could not take away buildings or fixtures he built on land because it would be wasteful. This applied to agricultural fixtures, but not to other trade fixtures. Also at common law, if a person had enjoyed light next to his property for at least 20 years, no one could build up the adjacent land so that the light would be blocked. ”

“ The régime of contract, at present so far extended that the right of property in movables is recognized only as having arisen by exchange of services or products under agreements, or by gift from those who had acquired it under such agreements, may be further extended so far that the products of the soil will be recognized as property only by virtue of agreements between individuals as tenants and the community as land-owner. Even now, among ourselves, private ownership of land is not absolute. ”

“ In return for the enjoyment of these territorial allotments, the peasants are obligated to acquit the rentals fixed to the profit of the proprietors; but in this state, which must be a transitory one, the peasants shall be designated as "temporarily bound." The peasants are granted the right of purchasing their homesteads, and, with the consent of the proprietors, they may acquire in full property the arable lands and other appurtenances which are allotted to them as a permanent holding. ”

“ Such statutes are universally in force and are general in their application, facts of which the land owner must take account in providing for the management of his property and safeguarding his interest in it. ”

“ The Federal land and interests in land reserved consist of approximately 22 acres, together with appurtenant easements for all necessary purposes and any associated federally owned personal property of historic interest, which is the smallest area compatible with the property care and management of the objects to be protected. ”

“ The starting point for the court’s analysis should have been to ask whether there was a total taking of the entire parcel; if not, then Penn Central was the proper framework. [26]
An interest in real property is defined by the metes and bounds that describe its geographic dimensions and the term of years that describes the temporal aspect of the owner’s interest. See Restatement of Property §§7—9 (1936) . Both dimensions must be considered if the interest is to be viewed in its entirety. ”

“ Property in land must be considered, for many purposes, not as an absolute, unrestricted dominion, but as an aggregation of qualified privileges, the limits of which are prescribed by the equality of rights and the correlation of rights and obligations necessary for the highest enjoyment of land by the entire community of proprietors.... ”

“ You now claim that the rights of property in land should be respected, while you have too frequently by your settlements and entails kept your lands out of the possibility of fulfilling any of the obligations of property, and you have robbed your tradespeople and creditors, because your land was protected by cunningly contrived statutes and parchments against all duty, while it enjoyed all privilege. ”

“ All individuals, partnerships, corporations and other legal entities, as well as their agents and representatives, could now discriminate with respect to their residential real property, which is defined as any interest in real property of any kind or quality, 'irrespective of how obtained or financed,' and seemingly irrespective of the relationship of the State to such interests in real property. ”

“ This was answered in the negative, and in the course of the reasoning the court said, p. 295: 'The right is not limited in its enjoyment by territorial bounds, but, subject only to such statutory regulations as may be properly made concerning the use and enjoyment of other property, or the evidences of title to the same, the proprietor may assert and maintain his property right wherever the common law affords remedies for wrongs;' continuing with what we have first quoted. ”

“ In order to satisfy the claims of these persons it was accordingly enacted that all who had obtained property from the grantees "for good and valuable consideration, and not consideration of blood, affinity or marriage," should, in lieu of the lands restorable to their former owners, receive "other lands, tenements, hereditaments of equal value, worth, or purchase." ”

“ Zoning laws tell the owner of private property to what type of business his property may be devoted, what structures he may erect upon that property, and even whether he may devote his private property to any business purpose whatsoever. ”

“ We are testing the ordinance by its extreme possibilities to show how in its tendency and instances it enables the convenience or purpose of one set of property owners to control the property right of others, and property determined, as the case may be, for business or residence,-even, it may be, the kind of business or character of residence. One person having a two-thirds ownership of a block may have that power against a number having a less collective ownership. ”

“ The right to 'carry on trade' or 'to own or lease and occupy houses, manufactories, warehouses and shops,' or 'to lease land for residential and commercial purposes,' or 'to do anything incident to or necessary for trade' cannot be said to include the right to own or lease or to have any title to or interest in land for agricultural purposes. ”

“ So also, with regard to holding estates or other property, if land be granted for the purposes of religion or learning to twenty individuals not incorporated, there is no legal way of continuing the property to any other persons for the same purposes, but by endless conveyances from one to the other, as often as the hands are changed. ”

“ Under the laws that at any time exist individuals may acquire property in land, which must be respected by their fellows, and such property, according to its nature, as determined by existing law, they may use or abuse, sell, donate, or devise, substantially as they please. (4) But no property in land can be acquired except subject to the limitation that it may at any time be qualified or destroyed at the will of the legislature, expressed in general laws applying to all the land within the jurisdiction. ”

“ We know perfectly well that the accumulation of landed property in single hands might easily reach such a degree that the nation would not put up with it; and I therefore make no apology for assuming that the public interest ought even now to be the first principle in regulating our land laws, and that private property in land must be subject to such limitation as the public interest dictates. ”