164 BOARD OF AGRICULTURE. [Pub. Doc. 



permanent and immovable nature." We usually speak of 

 all this as lands, tenanents and hereditaments; and that is 

 the language you will generally find in deeds of real estate 

 in all the States. 



Land. 



The term land comprehends all meadows, pastures, woods, 

 marshes and land covered by water. It has an indefinite 

 extent upward and downward. Two important corollaries 

 following from this definition are : first, th^it all minerals 

 belong to the OAvner of land, in the absence of special legis- 

 lation reserving them for the government; second, that no 

 man has a right to erect a building so that the eaves or any 

 other part will project upon his neighbor's land. The old 

 Latin maxim of common law on this subject is " Cujus est 

 solum, ejus est usque ad coelum." Whatever is erected on 

 land becomes part of it. Hence, if a man makes a deed of 

 land without mentioning buildings, the latter pass by the 

 deed ; still, it is usual to mention the buildings. A pew in a 

 meeting house used to be considered real estate, but now, 

 under the more common modern forms of church organiza- 

 tions, it is generally treated as personal property. Seeds 

 planted in the land, trees and bushes set out, though they 

 have not yet taken root, are part of the real estate ; but trees 

 and plants in boxes or pots would be personal property. 

 If trees are planted near the division line of two estates, 

 so that the roots are partly in one and partly in the other, 

 such trees are the joint property of the two owners ; but 

 if the roots are entirely one side of the dividing line, and 

 only the branches overhang, the tree belongs to the estate 

 where the roots are found. 



Manure made upon the farm is considered such an essen- 

 tial part of the property that it is treated as real estate in 

 the conveyance of land, and would pass to the purchaser 

 without special mention ; but manure made in a livery stable 

 would be considered as personal property. The fish in a 

 pond are a part of the real estate. The fruit hanging on 

 trees, and potatoes or root crops not yet dug out of the 

 ground, are real estate ; but when separated, as when the 

 apples fall from the tree upon the ground, or potatoes have 

 been dug and lie upon the land, they become personal 



