Trees on boundaries: Where to measure the tree?

By Julian Dunster ( March 18, 2021, 10:55 AM EDT) -- Many tree trespass cases involve trees whose trunk and roots are on both sides of a boundary line between adjoining properties. It has been long established law that trees in such cases shall be considered as jointly owned by the adjoining property owners (Waterman v. Soper (1698), 1 Ld. Raym. 737; Griffin v. Bixby (1841) 12 N.H. 454). That is, one owner may not harm, damage or remove the jointly owned tree without the consent of the other owner....