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 ?
Treetop bought the 420-unit Saxon Hall, in Rego Park, from Vantage in what was then its first foray into the Queens apartment market.
Elizabeth Perrin, co-founder and CEO of Discovery Adventure Golf, the company behind Treetop, said: "It was very important to us to use local suppliers where possible.
At heights up to 55 feet above the ground, and zip-lines stretching more than 200 feet, Treetop Quest boasts ample adrenaline spikes for the thrill seekers, with specialized preliminary training and experienced guides to reassure the most apprehensive.
They will enjoy a two-night half-board stay with a game of adventure golf, a Forest Jump treetop ropes experience, dinners for the whole family and adults will get pampered with a spa treatment while the kids are busy with archery.
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.
In 2011, Treetop Adventures received the Business Development Award from the Sault Ste.
The last we saw of Terry Treetop, he was doing a heroic act and making new friends to share his new tree house with.
Through the fully detailed illustrations we are introduced to the elf-like Tobias Blow as he sniffs the air, watching the storm approach, from his tinseled home in the treetops.
Since the lift did not reach the treetop, Warren drove 80 miles to SAS Power Access, in Leeds, to come back with a bigger lift.
Inside the park's newest attraction, Katandra Treetops, which only opened in October, is one of the biggest and most impressive free fl ight aviaries on the planet.
There are bullfrogs, one of the largest of the frogs; marsupials who carry their young in a pouch like a kangaroo; glass frogs with transparent skin; dart poison frogs that are toxic; and gliding frogs, which are able to leap from treetop to treetop.
Wildlife cameraman Gavin Thurston is also on hand to capture the incredible variety of animal action and observe Julie and Guy as they adjust to their new treetop home.