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 ?
Soon we could see the broken, grassy clay cliffs which indicated the windings of the stream, and the glittering tops of the cottonwoods and ash trees that grew down in the ravine.
Giving them reason to believe he was merely employed in a consultation concerning the future route, he spurred his charger, and drew the reins again when the animal had carried him within a few yards of the place where the sullen runner still stood, leaning against the tree.
At midnight a gentle west wind shook the tree, and at the same moment a snow-white swan-like bird sank down gently on his breast.
Akut, from a near-by tree, jabbered and scolded, calling the lioness all manner of foul names.
I walked to the left along the slope, turning my head about and peering this way and that among the straight stems of the trees.
A retrogade move Channel of a mountain torrent Alpine scenery Cascades Beaver valleys Beavers at work Their architecture Their modes of felling trees Mode of trapping beaver Contests of skill A beaver "up to trap" Arrival at the Green River caches
The stick is sometimes a grotesquely-formed limb of a tree, with three or four branches twisting from its body like so many shapeless legs, and sustaining it two or three feet from the ground.
I never put my axe into a stunty tree, or one that hasn’t a good, fresh-looking bark: for trees have disorders, like creatur’s; and where’s the policy of taking a tree that’s sickly, any more than you’d choose a foundered horse to ride post, or an over heated ox to do your logging?
And the Scarecrow found a tree full of nuts and filled Dorothy's basket with them, so that she would not be hungry for a long time.
The giant took the trunk on his shoulder, but the tailor seated himself on a branch, and the giant, who could not look round, had to carry away the whole tree, and the little tailor into the bargain: he behind, was quite merry and happy, and whistled the song: 'Three tailors rode forth from the gate,' as if carrying the tree were child's play.
But as we strained and struggled about the tree into which Tars Tarkas was clambering with infinite difficulty, I suddenly caught a glimpse over the shoulder of my antagonist of the great swarm of pursuers that now were fairly upon me.
if that tree has produced such flowers as those, for the last four thousand years, I have to offer it my compliments, anyhow," and he pointed to a gigantic sycamore, whose whole trunk was covered with human bones.