Some Thoughts On Land

[palani]

Land is nothing. And of course you cannot own nothing. You have to own something, for if you own nothing then it cannot be taken away from you and there is no way to control your behavior.

Definition of land --- land is a volume, a mathematical concept rooted in the mind of Man, that extends to the center of the earth and the stars above. Frequently land is confused with the contents of this volume but this is ignorance. Land is the volume itself.

Land is defined by the boundary marks established where the earth and sky meet. Truly this is how land is defined. The boundary marks are owned by the one placing them. As the boundary marks are within the volume being defined they are also part of the contents of that volume. A maxim of Law is that "things similar join with other similar things" so that the characteristics of the boundary marks (specifically ownership) become a characteristic of other things that are found within that volume, soil, minerals, trees. Water is specifically excluded. Water has no characteristic of "being owned".


Aqua cedit solo. The water yields or accompanies the soil. The grant of the soil or land carries the water.

Aqua curit et debet currere. Water runs and ought to run. 3 Rawle, 84, 88.

As to taxation, things below ground level remain untaxed. Things above the level where the ground and sky meet are taxed. Where to find an example of this? Check a cemetery. The contents that lie therein below ground level pay no tax.

palani

[palani]

From Manwoods 'Treatise on the Laws of the Forest'


And whereas it is said further, with unremoveable marks &c. Therein is shewed, what markes, metes, and boundaries these are, for it is said, they are unremoveable, and that is, such , as neither can, nor yet may be removed: For, first, they may not be removed or taken away, because the king hath an interest in them, for they are the Inclosure of the kings Forrest, or, as it were, the pale that doth inclose the Forrest. And therefore they may not be removed, for it is established as a Lawe Secundum assisam Forestae, quod omnes metae forestae sunt integrae domino Regi, which is, that all the markes, metes and boundaries of a Forest, are wholly the Kings, and therefore they may not be taken away, for as much as the Lawe doth prohibit the same. And they, that do dae about to take away any markke, mere, or boundarie of the kings forrest, are punishable for the same by the assises of the forrest.

Above passage shows that the king owns the marks by which he establishes the boundaries of his forest.

Unfortunately in the present day the marks that establish ownership of any land has been established by Congress to start at a Range and Township, and by that start point they do establish that the administrative subdivision of THEIR body politic is the owner of YOUR land. So you hold onto YOUR land by fee simple tenancy until your possession is separated by your actions (failure to pay tax/rent).

Before you get bent out of shape over this concept understand that you agreed to it and you can only be angry at yourself if you acted from ignorance.