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 ?
The PHA director general said that the PHA has been tasked with planting 500,000 seasonal flower saplings for the current year.
Political tehsildar Shamsul Islam later told that a total of 50,000 saplings would be planted during the two-week-long campaign, the first ever initiated by the political administration in Landi Kotal.
The campaign aims at planting mainly local tree species saplings to public and community places such as Educational institution, bus stops, road sides etc.
The programme envisages planting of 100 million additional saplings to make Pakistan greener.
People who planted tree saplings did not have the technical know-how of planting and caring of tree saplings and the survival rate of them was not even 10% in the first year and in the second year it was reduced to zero in almost all the cases.
and introduced two dichotomous variables as treatments for sections using Aplia and sections using Sapling (relative to sections with no technology).
As per the report, Dr Nishith Kumar, a resident from Badshahpur village in central Bihar's Sheikhpura district, asked his in-laws to plant 250 saplings in his village in lieu of solemnising the marriage with his would-be bride Dr Jaislin.
During spring season, 80,000 saplings have been planted on government owned land.
He said: "We were delighted to receive the saplings, and they'll make a nice addition to our sensory garden.
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.
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.
Established in 2004 by current CEO James W Caras, Sapling offers an interactive homework and assessment software for high school and higher education sciences.