Tree


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TREE. A woody plant, which in respect of thickness and height grows greater than any other plant.
     2. Trees are part of the real estate while growing, and before they are severed from the freehold; but as soon as they are cut down, they are personal property.
     3. Some trees are timber trees, while others do not bear that denomination. Vide Timber, and 2 Bl. Com. 281.
     4. Trees belong to the owner of the land where they grow, but if the roots go out of one man's land into that of another, or the branches spread over the adjoining estates, such roots or branches may be cut off by the owner of the land into which they thus grow. Rolle's R. 394; 3 Bulst. 198; Vin. Ab. Trees, E; and tit. Nuisance, W 2, pl. 3; 8 Com. Dig. 983; 2 Com. Dig. 274; 10 Vin. Ab. 142; 20 Viii. Ab. 415; 22 Vin. Ab. 583; 1 Supp. to Ves. jr. 138; 2 Supp. to Ves. jr. 162, 448; 6 Ves. 109.
     5. When the roots grow into the adjoining land, the owner of such land may lawfully claim a right to hold the tree in common with the owner of the land where it was planted; but if the branches only overshadow the adjoining land, and the root does not enter it, the tree wholly belongs owner of the estate where the roots grow. 1 Swift's Dig. 104; 1 Hill. Ab. 6; 1 Ld. Raym. 737. Vide 13 Pick. R. 44; 1 Pick., R. 224; 4 Mass. R. 266; 6 N. H. Rep. 430; 3 Day, 476; 11 Co. 50; Rob. 316; 2 Rolle, It. 141 Moo. & Mal. 112; 11 Conn. R. 177; 7 Conn. 125; 8 East, R. 394; 5 B. & Ald. 600; 1 Chit. Gen. Pr. 625; 2 Phil. Ev. 138; Gale & Wheat. on Easem. 210; Code Civ. art. 671; Pardes. Tr. des Servitudes, 297; Bro. Ab. Demand, 20; Dall. Dict. mot Servitudes, art. 3 Sec. 8; 2 P. Wms. 606; Moor, 812; Hob. 219; Plowd. 470; 5 B. & C. 897; S. C. 8 D. & R. 651. When the tree grows directly on the boundary line, so that the line passes through it, it is the property of both owners, whether it be marked as a boundary or not. 12 N. H. Rep. 454.

References in classic literature ?
Neither the sunbeams, nor the birds, nor the red clouds which morning and evening sailed above him, gave the little Tree any pleasure.
The few seconds of grace that this gave me found me safely lodged in the branches of a tree a few paces from that in which Perry had at last found a haven.
The Woodman set to work at once, and so sharp was his axe that the tree was soon chopped nearly through.
I shall sit down here," she announced, pointing to the trunk of a tree which had fallen long ago and was now laced across and across by creepers and thong-like brambles.
As the shadow of a rose in a mirror of silver, as the shadow of a rose in a water-pool, so was the rose that blossomed on the topmost spray of the Tree.
This mode of walking the tree is only practicable where the trunk declines considerably from the perpendicular.
They went on together, and as they passed a cherry-tree, the giant laid hold of the top of the tree where the ripest fruit was hanging, bent it down, gave it into the tailor's hand, and bade him eat.
In the dead water, just inside its mouth, lay a tangled mass of tree trunks.
But the tree next to the lunch-box tree was even more wonderful, for it bore quantities of tin dinner-pails, which were so full and heavy that the stout branches bent underneath their weight.
Iwanich was not the least discouraged by the failure of his elder brothers, though they were both much older and stronger than he was, and when night came climbed up the tree as they had done, The moon had risen, and with her soft light lit up the whole neighbourhood, so that the observant Prince could distinguish the smallest object distinctly.
A deep and careless incision had been made into each tree, near its root, into which little spouts, formed of the I bark of the alder, or of the sumach, were fastened; and a trough, roughly dug out of the linden, or basswood, was I lying at the root of each tree, to catch the sap that flowed from this extremely wasteful and inartificial arrangement.
The first thing he did on finding himself alone in the fast falling night was to tiptoe to Slightly's tree, and make sure that it provided him with a passage.