TIMBER, in point of English law, when growing on land, belongs to the owner of the land; or in case of a lease, to the landlord. In the case of a life-estate in the lands, the tenant for life, unless restrained by covenant or agreement, is entitled to estovers or totes; i.e., wood necessary to repair or burn in the house, and to repair hedges and _fences. But the tenant for life cannot commit voluntary waste by felling trees. If the timber is in such an advanced state that it would be injured by standing longer, the court of chancery has power to grant leave to sell it, in which event the principal of the price will belong to the reversioner, and the interest thereof to the tenant for life. If, however, the estate for life is declared to be given without impeachment of waste (q.v.), .as is often the case, then the tenant for life may cut timber to a certain extent with im punity. The tenant for life is entitled to all timber that is blown down on the estate.
With regard to ordinary tenants or lessees of lands, though the timber is part of the inheritance, and belongs to the landlord, yet the tenant may cut down the underwood, and take sufficient estovers, or wood, to do repairs. Timber is also protected against third parties who steal or injure it. Thus, whoever steals, cuts, breaks, or damages trees with intent to steal them, provided the injury exceed 1 in value, incurs a penalty of £5; and on repeating the offense, imprisonment may be added; so whoever unlaw fully and maliciously cuts, breaks, barks, or otherwise destroys trees to the value of 1 shilling and upward, forfeits £5, or may be imprisoned, iu addition to, or as a substitute for such payment, with increased punishment for repeated offenses of the same descrip tion.