3. Who owns a tree planted on top of the boundary line?

So if a tree trunk is entirely on one person’s land, then that person owns the tree, even though the roots or the branches may extend over to the neighbor’s land. But what if the tree was planted in such a way that its trunk was on top of the boundary line?

At this point, we’re not talking about a tree that was planted on one person’s property but which grew over time so that it crosses the boundary line. And we’re not talking about a tree that no one planted but just happened to grow on a boundary line. We’ll talk about those situations elsewhere.  Right now we’re only talking about a tree that was deliberately planted so that it was on top of the boundary line, with some of the trunk on either side.

In this case, this tree’s trunk is on two separate lots of land, and so both landowners own the tree together.

Example: Fred and Mary are neighbors. Mary plants a tree exactly on top of the line dividing their two lots of land. Both Fred and Mary own the tree.