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 classic literature ?
Were I but such a high tree as the others are," sighed he.
As Adam lay a-dreaming beneath the Apple Tree, The Angel of the Air he offered all the Air in fee.
He was praying--raising his voice in thanksgiving at our deliverance--and had just completed a sort of paeon of gratitude that the thing couldn't climb a tree when without warning it reared up beneath him on its enormous tail and hind feet, and reached those fearfully armed paws quite to the branch upon which he crouched.
"Here is a great tree, standing close to the ditch.
The path narrowed and turned; it was hedged in by dense creepers which knotted tree to tree, and burst here and there into star-shaped crimson blossoms.
"If you want a red rose," said the Tree, "you must build it out of music by moonlight, and stain it with your own heart's-blood.
This mode of walking the tree is only practicable where the trunk declines considerably from the perpendicular.
'Softly, softly; it can't be done as quickly as that,' said he, and stood still and waited until the animal was quite close, and then sprang nimbly behind the tree. The unicorn ran against the tree with all its strength, and stuck its horn so fast in the trunk that it had not the strength enough to draw it out again, and thus it was caught.
Mastered by his better self he would have returned reluctantly up the tree, but for one thing.
I saw her first, gathering young acorns from the branches of a large oak near our tree. She was very timid.
how do you distinguish a tree that is well from one that is diseased?”
But the tree next to the lunch-box tree was even more wonderful, for it bore quantities of tin dinner-pails, which were so full and heavy that the stout branches bent underneath their weight.