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 ?
About Tree Line Tree Line is a San Francisco-based asset management firm focused on direct lending to the lower middle market.
Learn more about the Tree Line USA program at arborday.
We provide our investors access to a unique market segment that offers favorable risk-adjusted returns through the construction of a portfolio of senior secured loans," said Jon Schroeder, Managing Partner at Tree Line Capital Partners.
Tree Line USA promotes the dual goals of delivering safe and reliable electricity while maintaining healthy community forests.
Entergy Corporation achieved the designation by meeting the five program standards for Tree Line USA.
Detroit Edison achieved the Tree Line USA honor by meeting five program standards.
For the sixth year in a row, Niagara Mohawk, a National Grid company, has been named a Tree Line USA utility by The National Arbor Day Foundation for exemplary vegetation management.
DETROIT, May 2, 2011 /PRNewswire/ -- Detroit Edison has been named a Tree Line USA Utility by the National Arbor Day Foundation - the 16th straight year the company has been honored for its tree-trimming practices.
For the fifth year in a row, the National Arbor Day Foundation has named National Grid's Massachusetts Electric Company, Narragansett Electric Company, Granite State Electric Company, Nantucket Electric Company and New England Power Company, Tree Line USA utilities for exemplary vegetation management.
April 18, 2011 /PRNewswire/ -- PPL Electric Utilities has been recognized as a Tree Line USA utility for its vegetation management program and community educational efforts.
Your utility's effort in meeting Tree Line USA requirements - helping your customers to plant appropriate trees near utility lines and training your workers in quality tree-care practices - not only helps to provide beautiful trees for the future, but also results in long-term operational savings for your utility.