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.