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 periodicals archive ?
At each of the NSW sites, eight collars were installed in the tree line and eight randomly located in the inter-rows.
Numerous studies report a poleward or upward advance of the tree line at fine spatial scales (e.
Within the first 50 yards, likely closer to 10 yards, you will find intersecting trails that parallel the tree line.
Learn more about the Tree Line USA program at arborday.
Long - lived clonal patches at the tree line have been used to reconstruct post - glacial migration patterns (e.
Tree Line USA evaluates applicants based on several criteria including adherence to industry best practices for tree care, training of employees and contractors, implementation of public education and tree planting projects, and participation in annual Arbor Day events.
The low availability of viable seed at the tree line may slow or limit the expansion of boreal forest northward into tundra communities.
Densmore (1980) reported white spruce up to 500 years old at the tree line in that area, but the spruce had apparently not been able to migrate farther north during that 500-year period.
The rarefied air above tree line between elevations of 10,600 and 12,600 feet is the sweetest I've smelled.
Because of its comprehensive tree-maintenance program, NSTAR has been named a Tree Line USA Utility by the National Arbor Day Foundation for six consecutive years and has been recognized by the Massachusetts Department of Environmental Resources.
Already in the 1930s, Bob Marshall was working on the question of the tree line and tree-line advance in the Koyukuk country of northern Alaska's Brooks Range.