Home >> Cyclopedia-of-law-vol-10 >> Other Examples Where The to Whom The Covenant Benefits >> Rule when Tree Extends

Rule when Tree Extends over the Property Line


RULE WHEN TREE EXTENDS OVER THE PROPERTY LINE. When the trunk of a tree stands wholly upon the land of one person, and the branches project over the land of another and the roots of the tree extend into the soil of the other, it has been held that the fruit upon these branches which project over the land of the second party belong to the owner of the land that the trunk of the tree stands on, but the other property owner may- cut the branches and remove them if they constitute a nui sance.

\\There the tree stands so that the property line passes through its trunk it belongs to the adjoining owners in common. Some courts hold that the parties are absolute owners of that part of the tree which stands upon their respective lands.

The fact that a boundary line tree, or one near a boundary line, is allowed to extend its branches over the adjoining land, is not such an adverse user of such land as will give the other owner an easement by pre scription. The adjacent owner is regarded as simply tolerating a nuisance, and the mere existence of a nui sance for any length of time will not be allowed to 1-eate a prescriptive right.

Since the entire tree belongs to the owner on whose land the trunk of the tree stands, the fruit of the tree belongs to him also. The owner of the trunk may gather the fruit of the whole tree from the branches if he can do so while standing upon his own premises; he is a trespasser if he g-oes upon his neighbor's land to gather the fruit. The fruit after it has dropped from the tree onto the ground still belongs to the own er of the tree, and he may go upon his neighbor's land and pick up such fruit, or take other steps to recover it.

land and fruit