Written by attorneys · grounded in primary & secondary sources — see below
A small parcel of land.
Sources & Authorities· 9 sources
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Restatements
How it applies
Common Examples
6
Separate Writings Identify Parcel
Marcus Mitchell signed a letter expressing interest in leasing a morsellum terrae from Monica Morgan. After negotiations they orally agreed on an eight-year lease but the memorandum omitted the parcel description. The letter and memorandum together satisfy the statute of frauds because the documents may be read as one.
Easement Tied to Parcel
Madison Meyers granted an easement over a morsellum terrae to Meridian Motors for access to its adjacent factory. The benefit runs only with ownership of the factory parcel. When Meridian sells the factory the easement passes automatically to the buyer.
Marco Marquez promised to maintain a fence on a morsellum terrae he owned but the obligation was personal rather than appurtenant. After selling the parcel the buyer took free of the duty. The promise remained enforceable only against Marco personally.
Contract Impairment Claim
Melissa Mills bought a morsellum terrae subject to an existing mortgage that later became subject to new state pension rules. The rules substantially altered the mortgage terms after purchase. Melissa claimed the change impaired her contractual rights under the mortgage.
Allied Structural Steel Co. v. Spannaus438 U.S. 234 (1978)
Economic Regulation Challenge
Michael Miller operated a business on a morsellum terrae and challenged a state ice-distribution monopoly law. The statute barred new entrants even though Miller's parcel could support competition. The Court considered whether the regulation violated due process by restricting economic liberty.
New State Ice Co. v. Liebmann285 U.S. 262, 311 (1932)
Referendum on Land Use
Monarch Pharmaceuticals sought rezoning for a morsellum terrae it owned. City voters rejected the rezoning by referendum after the planning commission approved it. The company challenged the referendum as an improper delegation of legislative power over property rights.
City of Eastlake v. Forest City Enterprises, Inc.426 U.S. 668, 96 S.Ct. 2358, 49 L.Ed.2d 132 (1976)
Common questions
Frequently Asked
4
What does morsellum terrae literally mean?+
The phrase translates from Law Latin as a morsel of earth and historically denotes a small parcel of land.
Is morsellum terrae still used in modern conveyancing?+
Modern deeds and statutes describe land by metes and bounds or lot numbers rather than the historical phrase morsellum terrae.
How does the term relate to statute of frauds issues?+
When a contract concerns a morsellum terrae the statute requires a signed writing that reasonably identifies the parcel so that multiple documents may be read together to satisfy the requirement.
Does the term affect whether a servitude is appurtenant?+
A servitude burden or benefit tied to ownership of a morsellum terrae is appurtenant and runs with the land rather than remaining in gross.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…characteristics of the city, state or nation." A "landmark site" is defined as "an interior or exterior landmark, or any parcel of land on which is situated a landmark or an improvement." The law establishes a Landmarks Preservation Commission, which is empowered to designate landmarks and landmark sites. Once a landmark…