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.
Some trees are timber-trees, while others do not bear that denomination. See TIMBER ; 2 Blackstone, Comm. 281.
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, 394 ; 3 Bulstr. 198 • Viner, Abr. Trees (E), 1Vitisance (W 2) ; 1 'Suppl. to Ves. Jr. 138; 2 Suppl. Ves. Ch. 162, 448 ; 6 Ves. Ch. 109.
3. 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 ad joining land, and the roots do not enter it, the tree wholly belongs to the owner of the estate where the roots grow. 1 Ld. Raym. 737. See
1 Pick. Mass. 224 ; 13 id. 44 ; 4 Mass. 266 ; 6 N. H. 430; 3 Day, Conn. 476; 7 Conn. 125; 11 id. 177 ; 11 Coke, 50 ; Hob. 310 ; 2 Rolle, 141 ; Mood. & M. 112 ; 8 East, 394 ; 5 Barnew. & Ald. 600 ; 1 Chitty, Gen. Pract. 625 ; 2 Phil lipps, Ev. 138; Washburn, Easem.; Code Civ. art. 671 ; Pardessus, Tr. de,s Servitudes 297; Broke, Abr. Demand, 20 : Dalloz, Diet. 'Servi tudes, art. 3, 8 ; 2 P. Will. 606 ; F. Moore, 812 ; Hob. 219 ; Plowd. 470 ; 5 Barnew. Sc C. 897. 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. 454.