Land Use - Law Dictionary Search Results
Home Dictionary Name: land use Page: 2 Page 2 of about 216 results (0.005 seconds)Land
Land, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehend-ing every species of ground, soil or earth, whatso-ever, as meadows, pastures, woods, moors, waters, marshes, furze and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum ejus est altum. See Co. Litt. 4 a.In an (English) Act of Parliament passed after 1850 'land' includes messuages, tenements and hereditaments, houses, and buildings of any tenure, Interpretation Act, 1889, s. 3. By the Law of Property Act,1925, s. 205(1)(ix.), 'land' for the purposes of the Act includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether th...
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
Mortmain
Mortmain [fr. mort, Fr., dead, and main hand], such a state of possession of land as makes it inalienable; whence it is said to be in dead hand--in a hand that cannot shift away the property. It takes place upon alienation to any corporation, sole or aggregate, ecclesiastical or temporal, 2 Bl. Com. 268.By several old statutes, alienation of lands and tenements in mortmain, i.e., to religious and other corporations, which were supposed to hold them in a dead or unserviceable hand, were prohibited under pain of forfeiture to the lord, the fruits of whose feudal seigniory (the great hinge of government in those days) were thus impaired. But either with or without the consent of the immediate lords (for this is doubtful), this forfeiture might be dispensed with by a licence in mortmain from the Crown, which licence was made sufficient without any such consent by 7 & 8 Wm. 3, c. 37, repealed and reenacted by the consolidating mortmain and (English) Charitable Uses Act, 1888 (51 & 52 Vict. ...
easement
easement [Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) see also dominant estate and servient estate at estate compare license, profit, right of way, servitude affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement compare negative easement in this entry apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe) ap·pur·te·nant easement [ə-pərt-n-ənt-] : easement appurtenant in this entry common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easeme...
Agricultural land
Agricultural land, 'means any land used as arable, meadow, or pasture ground only, cottage gardens exceeding one quarter of an acre, market gardens, nursery grounds, orchards or allotments, but doe not include land occupied together with a house as a park, gardens other than as aforesaid, pleasure grounds, or any land kept or preserved mainly or exclusively for purposes of sport or recreation, or land used as a racecourse.'-Agricultural Rates Act, 1896, s. 9. Compare definition of 'agriculture' in Small Holdings and Allotments Act, 1908, s. 61, as including 'horticulture, forestry and the use of land for any purpose of husbandry, inclusive of keeping or breeding of live stock, poultry or bees, and the growth of fruit, vegetables and the like.'Unless there was evidence that forest lands had been, in some way set apart or earmarked for or linked up with an agricultural purpose, by their owners or occupiers, it could not be held that they are agricultural lands, Controller of Estate duty ...
Cut and removed from any land
Cut and removed from any land, words 'cut and removed from any land' used in s. 4 to not suggest felling of the trees and removing the wood from one part to another on the land. They would indicate cutting the trees and removing them out of the limits of the land held by the grantee or the lessee under the grant or lease, Divisional Forest Officer v. Tata Finlay, (2001) 5 SCC 684: AIR 2001 SC 2672 (2676). [Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Cut and removed from any land, the words 'cut and removed from any land, used in s. 4 of the Kerala Grants and Leases (Modification of Rights) Act, 1980 do not suggest falling of trees and removing the wood from one part to another on the land, Divisional Forest Officer v. Tata Finlay Ltd., (2001) 5 SCC 684 [Kerala Grants and Leases (Modification of Rights) Act, 1980 (16 of 1980)]...
Vegetables
Vegetables, as understood in common parlance are not products of manufacture unless, agriculture is an industry for certain purposes and vegetables are products of the Industry, Saraswati Sugar Mills v. Haryana State Board, AIR 1992 SC 228.The word 'vegetables' in taxing statutes is to be understood as in common parlance, Vegetables in item 6 does not include betel leaves, Ramavatar Budhaiprasad v. Asst. Sales Tax Officer, AIR 1961 SC 1325 (1327): (1962) 1 SCR 279. [C.F. and Bezar Sales Tax Act, (21 of 1947), Sch. II, Item 6]The word 'vegetables' should be understood as denoting the class of vegetables which are grown in kitchen garden or in a farm and are used for the tables. There can be no dispute that both chillies and lemons are grown in kitchen gardens or at any rate in farms and they are used for the tables, Mangulu Sahu Ramahari Sahu v. Sales Tax Officer, AIR 1974 SC 390: (1972) 4 SCC 423. [Orissa Sales Tax Act, 1947, s. 6]The word 'vegetables' is not defined in the Act and it ...
Tenement
Tenement [fr. teneo, Lat., to hold], in its vulgar acceptation, is only applied to houses and other buildings, but in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal kind. Thus liberum tenementum, frank tenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc, 2 Bl. Com. 16. 'Tenement' may denote the estate is as well as the land. Halsb. L.E., tit. 'Real Property.'Local authorities sometimes refer to separately rated parts of houses or flats s tenements.1. Properly (esp. land) held by freehold; an estate or holding of land 2. A house or other building used as a residence, Black's Law Dictionary, 7th Edn.Means the property especially land, held by free-hold, an estate or holding of land, Black's Law Dictionary, 7th Edn., p. 14801. Properly (esp. ...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Holding
Holding. For the purposes of the Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), holding is defined [s. 57(1)] as follows: 'Holding' does not include an allotment garden or include any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening but, except as aforesaid, means 'any parcel of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment or employment held under the landlord.' The Agricultural Holdings (Scotland) Act, 1923 (13 & 14 Geo. 5, c. 10), contains a similar definition in s. 49; also in Scots law to signify the tenure or nature of the right given by the superior to the vassal.Holding is defined by s. 2(2) of the Travancore-Cochin Kanam Tenancy Act, 1955 as a parcel or parcels of l...
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