Agriculture. times to show, and to cut and carry away the trees (i). The tenant is not liable for injury done to excepted trees by his cattle (k). The destruction of germens, or young plants destined to become trees, is waste (l) but the tenant has a general property in hedges, bushes and trees which are not timber {m). In a lease of premises in a county where cider is made, an exception and reservation to the landlord of " all timber trees and other trees, but not the annual fruit thereof," does not except apple and
similar fruit trees {n). Oak, ash, and elm are timber by the common law if over twenty years old, but not so old as to have no usable wood in them. Other trees may be timber by the custom of the country (o). Beech is timber by the custom of Buckinghamshire (j») and parts of Gloucestershire (q). Aspen and horse-chestnut are timber in some counties (r). Trees less than six inches in diameter have been said
not to be timber (s). A covenant not " to remove or grub up or destroy " trees is broken by removing trees from one part of the premises to another, or by substituting other trees for those growing on the premises (t) but a tenant may remove from an orchard trees that are decayed and past bearing, and plant others {a). Cutting down pollard willows which are of no special service to the land, but leaving the stools or butts from which fresh shoots will grow, is not waste (b).
657. Boughs and branches of trees which overhang another man's land so as to be a nuisance, may be cut by the owner or occupier of such land (c), without notice to the owner of the trees, and although they have so overhung for more than twenty years {d). And an action for damages lies for injury done to fruit and other crops by trees on a neighbour's land overhanging (e). A person who allows poisonous trees on his land to overhang a neighbour's land, is liable for the injury caused to the cattle of his neighbour by their eating the leaves of such trees (/). But if such trees do not project over the neighbour's land, although they may (?)
Case
Liford's
Exch.
(1615),
11
Co.
Eep.
52 a;
Hewitt
v.
Isham
(1851),
7
77.
Hanlij (1700), 1 Ld. Eaym. 739. (18i5), 14 M. & W. 589, 594. (m) Berriman v. Peacock (1832), 9 Bing. 384. (n) Bidlen v. Denning (1826), 5 B. & 0. 842 Com. Dig. tit. Biens," H. (o) Hollywood v. Honyiuood (1874), L. E. 18 Eq. 306; R. v. Minchin. Hampton (1762), 3 Burr. 1309. (p) Dashwood V. Magniac, [1891] 3 Ch. -306; Aulrey v. Fisher (1809), 10 (k) {I)
Ohnliam
PhUlips
v.
V.
Smith
East, 446. {q) R. V. Minchin- Hampton, supra. (r) See R. v. Ferrybridge (1823), 1 B. epitomised. (s) Whitiy V. Lord Dillon (1860), 2 E. (t) Doe V. Bird {1833), 6 C. & P. 195. (a) (b) (c) -
&
C. 375,
&
F. 67.
Doe V. Crouch (1810), 2 Camp. 449. Phillips V. Smith, supra. Lonsdale (E. of) v. Nelson (1823), 2 B.
Lemmon
&
wkeremany
C. at p. 311.
WeU,
[1895] A. C. 1. ie) Smith V. Giddy, [1904] 2 K. B. 448. Crowhurst v. Arnershani Burial Board (1878), 4 Ex. D. ( /)
(d)
v.
old authorities are
5.
