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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 ?
He said that he had watched by the trees all night, but in spite of it, and as if by magic, the beautiful trees had been robbed of all their fruit.
Moving slowly through the trees he kept his eyes over his shoulder, though he no longer neglected the possibilities of other dangers which might lurk on either hand or ahead--his experience with the lioness did not need a repetition to insure the permanency of the lesson it had taught.
His eyes shone brightly out of the dusk under the trees.
Sometimes they cut down trees of the largest size and then cull the branches, the bark of which is most to their taste.
The latter tree it not a little resembles in height, in the wide spread of its stalwart branches, and in its venerable and imposing aspect.
Marmaduke had dismounted, and was viewing the works and the trees very closely, and not without frequent expressions of dissatisfaction at the careless manner in which the manufacture was conducted.
They were obliged to camp out that night under a large tree in the forest, for there were no houses near.
They went on together, and as they passed a cherry-tree, the giant laid hold of the top of the tree where the ripest fruit was hanging, bent it down, gave it into the tailor's hand, and bade him eat.
Once we thought we discerned a gilded minaret gleaming in the sun amidst the waving tops of far-distant trees, but we soon abandoned the idea in the belief that it was but an hallucination born of our great desire to discover the haunts of civilized men in this beautiful, yet forbidding, spot.
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.
Tarzan waited no longer, but leaping into the branches of the trees sped rapidly through the forest.
They seemed to be driving into the heart of the night, for the trees closed in front of them, and they could hear all round them the rustling of leaves.