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 ?
I AM sure we have all noticed the near completion of Broadgate, Trinity Street, Hales Street, Ironmonger Row and Bull Yard and the colossal amount of paving slabs used so that we can all benefit from the virtual treeless, grassless and flowerless areas to walk on.
Looking at the numbers, Holmgren's group identified three distinct ecosystem types: forest, savanna and a treeless state.
The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost.
By way of compensation, Cardiff council plans a remote, treeless, floodplain.
Destroying non-native trees will not make us safer, but it will result in a treeless landscape in many places where native trees will not grow.
Some of the deepest hues reside in the Texas Panhandle, where howling gales roar through desolate, treeless plains several thousand feet above sea level.
Childs said the houses in the treeless area would probably really be hot this summer and a walk through the Arizona-like neighborhood reveals air conditioners whirring away in homes, even though Thursday was noticeably cooler than just about any day since the Independence Day weekend.
When they complete the journey four weeks later, in April 2010, they will be the first men with visual impairments to have ridden tandem bicycles across the Nullarbor Plain (a flat, almost treeless, arid part of the country's outback), from the west coast of Australia to the east.
AaAa The festival's Golden award went to the South Korean feature, Treeless Mountain.
In 1926, Sears published a map of the natural treeless areas of Ohio showing their correlations with physiography, moraines, preglacial drainage routes and postglacial lakes.
This tricked-up, treeless, fescuebordered new course is nothing like a typical US Tour venue, and everyone in the field is going to find it tough going.