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 good that comes from trees is clearly evident in refugee populations that either flee treeless environments or deforest an area because of their numbers.
This scenario contrasted with a British scientist's controversial assertion in 1980 that Fayum primates were ground dwellers in a semi-arid, treeless scrubland.
For other treeless land, the White House is considering a suggestion by Dallas developer Trammell Crow, named by President Bush as a pioneer in the greening effort, to reforest the borders and median strips of America's highways.
In particular, ski "skating" requires a broad, treeless swath, groomed by machine.
Shetland is usually considered to be a treeless group of islands but it is believed that over 5,000 years ago much of Shetland was covered in trees and scrub.
For some 20 years, migrants and refugees launching from Africa have been arriving on this remote, treeless outpost, hoping to travel on to the European mainland.
'If you have trees within and around communities, you will not worry too much about flooding as those who have treeless areas,' ecologists at the Norwegian University of Life Sciences (NULS) and the Center for International Forestry Research (Cifor) would say.
Larkana, which became one of the hottest places on earth in April this year when temperatures crossed 48Adeg Celsius, is now largely a treeless city.
Now it has become nothing more than a grey, stark, boring, treeless walk through that no one actually makes a point of visiting.
Wind gusted above 25 mph at times after two rounds of calmer conditions and lower scores on the treeless, links-style layout a few miles south of downtown Dallas.