PART III. The ownership of a tree standing in a

TIT. II.

Trees.

CAP. I. hedge follows the ownership of the hedge. Where all the roots of a tree are in a person's land, and the branches hang chiefly or entirely over another person's land, it belongs to the person in whose land the roots are. But where the trunk stands on one person's land, and the roots are in another person's land, it belongs to the person on whose land the trunk stands. (Add. Torts, 154; Dixon's Law of the Farm, 81-2.)

Hedges and ditches.

In general, a boundary hedge belongs to the owner who has been in the habit of cuting and repairing it. But, in some cases, the owners of the adjoining lands are tenants in common of the hedge; and in such cases each has a right to clip the hedge, but not to destroy it. (Add. Torts, 156; Dixon, 96.)

A person may make a ditch, and widen it as much as he pleases, so far as he can do so by cutting into his own land. No man making or widening a ditch may cut into his neighbour's soil, but he may and usually does cut to the very extremity of his own land; and he is bound to throw the soil which he excavates on his own land; and he often plants a hedge on the top of the soil so thrown up. And hence, where adjacent lands of two

distinct proprietors are divided by a hedge and a ditch, the legal presumption is, that both the hedge and the ditch belong to the owner of the field in which the ditch is not situate. (Add. Torts, 155; Dixon's Law of the Farm, 92.)

PART III.

TIT. II.

CAP. I.

grant of an

In general, at law, an easement can only be Express granted, in a binding and irrevocable man- easement. ner, by a deed. (Gale, 23; Dixon, 55.)

of a grant.

A grant of a right will not be presumed Presumption from long-continued uninterrupted enjoyment, unless the enjoyment has been open and notorious, and exercised as a matter of right, and is not capable of being satisfactorily accounted for without presuming a grant. (Add. Torts, 27.)

grants of an

If, by the act of the owner, one part of his Implied land becomes dependent upon another for easement. water, light, or air, these easements pass to the grantees of the land to which they are annexed, together with the land. And where a person buys one of two or more adjoining houses belonging to the same owner, the purchaser becomes entitled to the benefit, as an easement, of all the drains from it, and is subject, as a servitude, to all the drains. necessary for the adjoining house. (Add. Torts, 29; Gale on Easements, 81, 85.)

PART III.
TIT. II.

cident to

A grantee of a right of way or of an CAP. I. artificial drain or watercourse through the Repairs in- grantor's land, or the use of a pump in the easements. grantor's land, is bound to repair the way, drain, watercourse, or pump, if he desires to have it kept in order for his own use, or if repairs are necessary to prevent it becoming an annoyance to the owner of the servient tenement. And for that purpose he may enter upon the grantor's land, unless the grantor himself has undertaken to repair it. (Add. Torts, 30-1, 61, 75; Gale on Easements, 424, 441; Tudor's Real Prop. Ca. 127.)

Transfer of rights.

Cesser of easements.

A right which is accessorial to the enjoyment of a house or land passes to the successive assigns of the house or land, by a grant of the house or land. (Add. Torts, 26; Gale on Easements, 75.)

An easement ceases, when the purpose for which it was granted can no longer be accomplished, or when the thing to which it was accessorial ceases, or when the ownership of the dominant and servient tenements becomes vested in the same person, and he has an equal estate in fee-simple in both tenements, or when the right is expressly released or abandoned. (Add. Torts, 53, 57, 59, 470 et seq; Gale, 470 et seq.)

CHAPTER II.

LANDLORDS AND TENANTS.

LANDLORDS who have the immediate rever

sion of premises in respect of which rent is due to them, may enter upon the premises, in person or by deputy, and seize and sell the personal property therein, to raise money for the payment of the rent in arrear. (Add. Torts, 345; Woodfall's Landlord and Tenant, 355; Tudor's Real Prop. Ca. 188, 191.)

PART III.
TIT. II.

CAP. II.
Distress, by

whom made.

due.

tress may be

The rent does not become due till the last when rent is minute of the day on which it is payable; and a distress can only be made in the day- When a distime, that is, between sunrise and sunset; made. and hence, practically, a distress cannot be made until the day after it is payable. (Woodfall, 376; Tudor's Real Prop. Ca. 190-1; Add. Torts, 352.)

A distress may be made even after the determination of the lease, if within six months, and during the continuance of the

TIT. II.

PART III. landlord's interest and the tenant's possession. (Add. Torts, 349; Woodfall, 386; Tudor's Real Prop. Ca. 191.)

CAP. II.

How made.

A gate or outer door not be forced open

may

to make a distress; nor can a distress be made upon land not included in the demise, and in respect of which the rent is not payable, except upon land to which the goods have been fraudulently removed, and except in the case of cattle depasturing upon a common appendant or appurtenant. (Add. Torts, 352-3; Woodfall, 369, 378; Tudor's Real Prop. Ca. 190.)

In order to make a distress, seizure is necessary; but to constitute a seizure, in contemplation of law, it is sufficient to enter upon the demised premises, and announce to the tenant, or his servants, or the persons in actual occupation of the premises, an intention to distrain. (Add. Torts, 361; Sm. Landl. and Ten. 166.)

After seizure, the person distraining ought to make an inventory of the goods distrained, and serve it, with a written notice of the amount of rent due, and of the things distrained, on the tenant personally, or leave it on the premises, which will amount to an impounding of the distress, without the neces