344. Ownership of boundary trees.

The ownership of a tree on a boundary is a question of fact in each case but such a tree will prima facie belong to the owner of the land on which it was planted1. Where ownership is disputed, the topping and lopping of a tree is evidence of acts of ownership2. It has been held that a tree planted right on a boundary which then extends its trunk and roots over the boundary was owned in common by the two landowners