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 periodicals archive ?
At Carolina Treetop Challenge, he applies his knowledge of instruction, management, and physical education to bring a memorable climbing experience to life for guests from church groups, youth groups, and scout groups, as well as collegiate clubs, and corporate teams.
Rosewood Realty Group's Aaron Jungreis represented both Treetop Development and A&E Real Estate Holdings in the sale of 132-57 & 132-61 Sanford Avenue and 132-48 41st Road, 132-25 & 132-45 Maple Avenue and 41-40 Denman Street, all in Queens.
But its spectacular treetop position is only the start for Donna and Graham.
Elizabeth Perrin, co-founder and CEO of Discovery Adventure Golf, the company behind Treetop, said: "It was very important to us to use local suppliers where possible.
They will enjoy a two-night half-board stay with a game of adventure golf, a Forest Jump treetop ropes experience, dinners for the whole family and adults will get pampered with a spa treatment while the kids are busy with archery.
In 2011, Treetop Adventures received the Business Development Award from the Sault Ste.
Through the fully detailed illustrations we are introduced to the elf-like Tobias Blow as he sniffs the air, watching the storm approach, from his tinseled home in the treetops. No amount of battening down the hatches will cope with the coming storm or the wonders Tobias will bestow.
Since the lift did not reach the treetop, Warren drove 80 miles to SAS Power Access, in Leeds, to come back with a bigger lift.
There are bullfrogs, one of the largest of the frogs; marsupials who carry their young in a pouch like a kangaroo; glass frogs with transparent skin; dart poison frogs that are toxic; and gliding frogs, which are able to leap from treetop to treetop.
Wildlife cameraman Gavin Thurston is also on hand to capture the incredible variety of animal action and observe Julie and Guy as they adjust to their new treetop home.