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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
So the Woodman took his axe and began to chop down small trees to make a raft, and while he was busy at this the Scarecrow found on the riverbank a tree full of fine fruit.
The light from one lantern fell upon a few ropes, a few planks of the deck, and the rail of the boat, but beyond that there was unbroken darkness, no light reached their faces, or the trees which were massed on the sides of the river.
At first she was greatly disappointed, because the nearer trees were all punita, or cotton-wood or eucalyptus, and bore no fruit or nuts at all.
“Hoe and plough!” roared the sheriff; “would you set a man hoeing round the root of a maple like this?” pointing to one of the noble trees that occur so frequently in that part of the country.
'I gave my head-gardener the strictest orders to watch the trees carefully, for the magician had warned my father that if one unripe fruit were plucked from the tree, all the rest would become rotten at once.
At the top of the cocoanut tree the numerous branches, radiating on all sides from a common centre, form a sort of green and waving basket, between the leaflets of which you just discern the nuts thickly clustering together, and on the loftier trees looking no bigger from the ground than bunches of grapes.
When we fell to playing, after breakfast, on the second day away from the caves, Lop-Ear led me a chase through the trees and down to the river.
At length he spied a dangling creeper about the bigness of one's wrist, and when I reached the trees he was racing madly up it, hand over hand.
There were no children there, and it was night time; but he addressed all who might be dreaming of the Neverland, and who were therefore nearer to him than you think: boys and girls in their nighties, and naked papooses in their baskets hung from trees.
When Christmas came, quite young trees were cut down: trees which often were not even as large or of the same age as this Fir Tree, who could never rest, but always wanted to be off.
"There is away," answered the Tree; "but it is so terrible that I dare not tell it to you."
'You can certainly throw,' said the giant, 'but now we will see if you are able to carry anything properly.' He took the little tailor to a mighty oak tree which lay there felled on the ground, and said: 'If you are strong enough, help me to carry the tree out of the forest.'