332 TRANSACTIONS OF ROYAL SCOTTISH ARBORICULTURAL SOCIETY. 
XXXIII. Memorandum as to the Law relating to Trees, Woods, 
and Plantations in Scotland. By RoBeRT GALLOWAY, 
S.S.C., Edinburgh. 
According to the old institutional writers, such as Stair, 
Erskine, Bell, etc., woods and trees are regarded as partes solz, 
7.€., pertinents or parts of the lands on which they are growing. 
Hence trees planted on one’s ground, though not by the 
proprietor, are deemed as an accessory of the ground on which 
they are planted after they have taken root in and drawn 
nourishment from it, and so belong, as an accessory of the 
ground, to the owner of it. Various questions have arisen 
between fiars and liferenters, heirs of entail, and landlords and 
tenants, regarding woods, etc. 
I. FIAR AND LIFERENTER. 
As a general rule, a liferenter must preserve the trees and 
woods on the lands, and can only ingather their produce, such as 
shed leaves, mast, and fallen branches, but this general rule is 
subject to the following exceptions :— 
(1) Stlva cedua, or coppice wood, part of which is cut 
annually or at fixed intervals, and has always been 
regarded as a crop, provided the liferenter is in posses- 
sion when the usual period for cutting arrives. He is 
not entitled to anticipate that period. 
(2) Underwood or brushwood, and ordinary wind-falls. 
(3) Matured wood and extraordinary wind-falls may be 
claimed by the liferenter for the upkeep of the houses, 
etc., on the property, but notice must be given to the 
fiar before these can be taken. 
A fiar claims wind-falls caused by extraordinary storms. A 
liferenter is not entitled, at his own discretion, to thin planta- 
tions, but is entitled to do so at the sight of the fiar to whom the 
thinnings belong. 
II. Herr oF ENTAIL AND NExtT SUBSTITUTE. 
An heir of entail is a limited fiar. Lord Ardmillan describes 
his position in Boyd, 1870, 8 M. 637, thus:—“The heir in 
