Land means not only the surface but also everything built on it -Supreme Court

In a land dispute case, the Supreme Court has interpreted the meaning of 'land', as not only the surface of the ground, but also everything built on it. While referring to a prior ruling (Kanagasabai v. Mylwaganam), Justice Murdu Fernando observed that ‘land’ in our law, includes houses and buildings, and when the legislature employs the term ‘land’ in any statute, the word is presumed to include ‘house and buildings’, unless there are words to exclude ‘houses and buildings’. Referring to a legal maxim (He who possesses land possesses also that which is above it), the Supreme Court held that on a conveyance of land, all buildings erected thereon pass with the land, even though there is no specific mention of such buildings in the deed of transfer. At this Juncture, I wish to refer to another legal maxim, "cujus est solum ejus usque ad coelom et ad inferos" quoted by Justice Sharvananda in Kanagasabai’s case. whoever’s is the soil, it is theirs all the way to Heaven and all the way to Hades which speaks of a property holder’s right not only to the plot of land itself, but also to the air above and the ground below, Justice Murdu Fernando observed. Supreme Court three-judge-bench comprised justices Buwaneka Aluwihare, Murdu Fernando and Yasantha Kodagoda.