185. Exception of trees from lease.

The common law rights of the landlord and tenant in respect of trees growing on the demised land may be varied by the parties' contract, and this is done either by exception or by covenant or agreement. An exception of 'trees' refers prima facie to trees which are useful for their wood, and hence it does not extend to fruit trees1. In an exception of 'timber and other trees, underwood and bushes and thorns other than such bushes and thorns as shall be necessary for the repair of the fences', the final words do not specify any particular bushes