LEGAL DEPARTMENT. 647 



most convenient, but such location shall not in any way affect the title of 

 the land. 



The award may be enforced by a person so desiring by serving a notice 

 upon the other to obey the award, and, if it be not obeyed within one 

 month, he may do the work which the award directs, and may recover 

 judgment in the Division Courts for its value and the costs. 



Instead of issuing execution upon such judgment, however, he may 

 obtain a certificate from the clerk of the Division Court of the amount 

 due for debt and costs. Upon filing such certificate with the clerk 

 of the municipality, the amount so certified shall be placed on the col- 

 lector's roll, and the same may be collected in the same manner as taxes. 



OVERHANQINQ TREES. 



A tree growing near a boundary line, though the roots extend into the 

 land of an adjoining owner and derive nourishment therefrom, is the prop- 

 erty of the owner of the land upon which the trunk stands, and such 

 owner is entitled to such fruit produced upon its branches overhanging 

 the adjoining lands. If force should be used by the adjoining owner to 

 prevent the owner of the tree from reaching over and picking the fruit 

 from the overhanging branches, he would have a right of action against 

 the party so interfering with him. 



In the case of Millen v. Fawdry, Latch 119, the defendant entered the 

 plaintiff' s land to get apples which the wind had shaken off the defend- 

 ant' s trees into the plaintiff' s close. The latter brought an action for tres- 

 pass, but it was held that the defendant was not liable, but it appears that 

 it would have been otherwise if the defendant had shaken the trees 

 and had thereby caused the apples to have fallen into the plaintiff's 

 close. 



Where branches of a tree growing upon the land of one owner over- 

 hang that of another, the owner of the land encroached upon may, with- 

 out notice to his neighbor, cut so much of the branches as overhang 

 his land, provided he can do so without going on his neighbor's land. 



It is a question whether the law would be the same in case of young 

 trees or shrubs which might be transplanted. The owner of a tree cannot 

 acquire the right for it to overhang his neighbor's land either by prescrip- 

 tion or the Statute of Limitation. (Lemon v. Wedd, 1895 A. C. i.) 



Trees Poisonous to Animals. The owner of a farm is liable for 

 damage caused by a tree that is poisonous to animals, where the branches 

 hang over the division line and poison catde or sheep upon the adjoining 

 land; but if cattle break through the fence which belongs to the owner of 

 the catde to build and maintain, and escape to poisonous trees which 

 are distant from the boundary line, and are injured thereby, the owner 

 of the land is not liable, because the cattle are wrongfully upon the 

 premises. 



