Daily Kennebec journal., 1884-12-29
The Law About Trees.

Judge Bennett thus states the law in re-
gard to trees standing near boundary line
1T is generally supposed that the fruit on
limbs on trees overhapging ones land belongs
to him; but this is an entire mistake. If a
tree stands wholly on your land, although
some of the roots extend into the soil of your
neighbor, and derive support and nourish-
nient from his soil he has no right to any of
the fruit which hangs over the line and if he
attempts by force to prevent YOU from pick
ing II, he is liable for assault and battery.
In one instance a lady. while standing
on the fence picking cherries which hung
over the line, was forbidden to do so by the
adjoining owner, who was at work in his
garden; and in the scuffle to prevent her, she
received some bruises on her arm, for which
he had the pleasure of paying the neat little
sum of a thousand dollars. If your fruit
falls into your neighbor's lot, you have,
think, an implied license in law to go and
pick II up doing him no avodable damage ;
but this may not be positively settled as yet
If, however, fruit tree stands directly
in the division line, and is what is called "a
line tree, both parties own the tree and fruit iu
common. and neither can cut the tree down.
or seriously injure it, without being response
Bile to the other.
Sometimes persons are tempted to poison
or secretly kill a neighbor's tree of some
kind, which stands near the fence and casts
a baneful shade on their garden plot but
this is dangerous business, and the party
doing so in Massachusetts or Maine, may
possibly find himself inside the county iai
for a twelve-month, where the room. are apl
to be small and not always very clean. Tn.
safer way in such cases is to cat off the limb.
which hang over your side, and dig down and
cut of the roots, which undoubtedly YOU
have legal right to do; but it would not be
safe to use the limbs for tire-wood, or other.
wise convert them to your own use lest you
have to pay their value, more or less.
While speaking of overhanging trees
may also add word about shade trees en-.
tirely on your own ground. Every man has
a right TO cover his own ground with fruit,
forest or shade trees, as thick as they car
| stand And if so be a neighbours house is so
near the line that the trees make his house
damp or unhealthy, he has not right there
fore 60 cut down or prune out the same, but
must bear the consequences ss well as he
can.
One more caution must give you in re.
gard 20 overhanglng trees; and that il, if YOU
have tree near your line which is poisonous
to animals, the yew tree, for instance, and
you let the limbs hang over the fence so tina,
neGhbors COW browses them and dies il
consequence. YOU are liable to paw for her;
you must not allow such dangerous things 10
spread from Your premises. | suppose il
would be different il the three stood far away
from the boundary line, and the COW strayet
into YOUR premises and there committed
suicide. The verdict might then be, Served
the owner right; he had no business TO lei
her trespass on you
In regard to fruit overhanging from the
next place, would say that several year:
ago, down on the Cape. there was famous
case Two women fought to the extent of
the Law. In the first place, it was decided
that the fruit on the ground belonged TO the
woman where il fell, but she could not shake
or pick the fruit from the tree. She ther
cut the branches from the tree and carried
the wood away. 1t was decided that she
could cut the branches of, but she mus
throw the wood over the fence"