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 ?
Founded in 1984, Sapling Corporation is a privately-held company headquartered in Toronto, Canada.
However, after December 2007, when Afghan President Hamid Karzai had enrooted a sapling here, no other leader has visited this park, which offers one of the most scenic views of Islamabad and Rawalpindi.
Today's agreement with Sapling Corporation represents a key part of Hyperion's strategy to lead the analytic application software market with a breadth of powerful solutions that enable all companies to optimize and understand their businesses," said William Clark, senior vice president of marketing at Hyperion.
Sapling opening times will remain the same from 7am to 6pm, Monday to Friday all year, except Bank Holidays and Christmas.
Patna: A village in Bihar witnessed the sowing of many saplings last week after a groom set the activity as a precondition for marrying his would-be bride in what local villagers term as a very welcome trend.
Darren Lloyd said: "Our co|n manufacturer has a green policy, so that for every solid wood co|n we buy, we are automatically provided with a sapling tree.
The high-tech poly house made out of a polycarbonate double layer transparent sheet, and are installed with digital water showers, digital heaters and digital clocks, along with a special green coloured net to protect the sapling or crops from excess heat or cold.
MEMBERS of Ripponden in Bloom have planted 104 saplings.
The Parks and Horticulture Department aims to distribute at least 100,000 saplings through the initiative, the Department's Director Ahmed AbdulKareem told Khaleej Times on Sunday.
The phone number on the Cedars Box allows any urbanite to send their sapling off to be replanted.
Macmillan will preserve Sapling Learning's headquarters in Austin, Texas and expand the existing team of 96 employees.
Specific Objectives included: (1) testing for differences in the types of damage to the saplings among two protection levels (with and without tree shelters) and two flood regimes (periodic and continuous flooding), as well as examining trends over time, and (2) testing for differences in sapling height among flooding and protection levels over time.