header-logo header-logo

11 April 2025 / Mark Pawlowski
Issue: 8112 / Categories: Features , Leasehold , Property , Environment
printer mail-detail

Root & branch?

215486
Is it possible to own a freehold or leasehold estate in a tree? Mark Pawlowski digs deep

It is trite law that a tree growing on land forms part of the land and, therefore, attaches to the realty owned by the freeholder or leaseholder. What is, perhaps, less obvious is that it is possible for a landowner to own (and to transfer) a freehold or leasehold estate in a tree which is separate from estate ownership of the subjacent soil, provided that the tree has not been severed from the realty.

A separate estate distinct from the soil

A number of early English cases make this clear. In Herlakenden’s Case (1588) 4 Co Rep 62a, at [63b], it was held that, ‘If trees be excepted in a feoffment to a man and his heirs, the trees in property are divided from the land, though in fact they remain annexed to it, and that if one should cut them down and carry them away, it would not be a felony.’ Similarly, in Liford’s Case (1614) 11 Co Rep 46b, at [49a],

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll