Tree - Definition - Law Dictionary Home Dictionary Definition tree

Definition :

Tree. Overhanging branches may be cut by an adjoining owner without notice to the owner of the tree, provided that the adjoining owner does not go upon the land of the owner of the tree, Lemmon v. Webb, 1895 AC 1. No right can be acquired by prescription for trees to overhang: per Lord Macnaghten, ibid.; and an action lies for damage to crops by overhanging trees, Smith v. Giddy, (1904) 1 KB 448.

By the highway Act, 1835, ss. 64-66, no tree may be planted within 15 feet of the centre of a highway. See Stillwell v. New Windsor Corpn., (1932) 2 Ch 155 (highway authority removing trees transplanted on ancient highway).

Power to plant trees is given to all highway authorities by the Roads Improvement Act, 1925, and also the removal of trees on adjacent land which obstruct the view at corners.

As to the power to lop trees overhanging any street or public road in order to prevent interference with a telegraphic line, see the Telegraph (Construction) Act, 1908 (8 Edw. 7, c. 33). See TELEGRAPHS; TIMBER., p. 1508.

'Tree' includes palme, bamboos, stumps, brustwood and canes. [(XVI of 1927), s. 2(7)]