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 ?
Believe it or not, rainforest treetops can get dry.
2 million on behalf of a PRG institutional real estate fund, the portfolio will be improved and operated by one of New Jersey's most experienced redevelopers of value-driven apartments in emerging neighborhoods, TreeTop Development.
And you can even take forest bathing literally and luxuriate in one of the two open-air hot tubs at the foot of the treetop sauna.
Treetop has retained the architectural firm Woods Bagot to assist in determining its specific multifamily development plans for the site.
Members of the public will be able to enter on a first come first served basis with the chance to beat the pros and win the title of Welsh Open champion and also to compete for the novice category Treetop Open Champion Trophy.
Treetop Development is a multi-faceted real estate company that has earned a strong reputation for redeveloping value-driven, residential buildings in key urban centers throughout the New York metropolitan area.
We were asked to help out with a show for Treetop Flyers and when it became clear that Washington Irving would be in the area at the same time we felt that if we put the pair of them together then it had all the makings of a really great day.
Price includes: Return coach from local pick ups, tour driver, one night at a 3-star hotel on a half-board basis, entrance to Hampton Court Palace, Gardens and Maze, a visit to Kew Gardens and Rhizotron and Xstrata Treetop walkway.
VISITORS to a Northumberland hotel might have spotted a former football star monkeying around in the treetops yesterday.
Construction has started on Dodd Homes' pounds 11 million residential scheme at Treetop, Greenlands Drive, where the company is building 64 apartments and 20 houses.
Donors can sponsor an ornament in return for a donation: $15 for a multicolored light bulb; $25 for a snowflake ornament; $50 for a silver bell; $100 for a gold bell; $500 for a star; and $1,000 for the treetop ornament, Vose said.