The respective rights of landlord and tenant as to trees vary according to whether the trees are timber trees or not1. All trees pass as parcel of the demised premises unless they are excepted2, but the tenant has only a limited property in, and limited rights over, timber trees for so long as they are annexed to the land. By virtue of this he is entitled to all benefit (such as fruit or shade) that may be derived from them while so annexed3. Subject to the general statutory restrictions on the felling of trees4, he is also entitled to
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