Maxim 1.5.42
A tree is so called whilst growing, but wood when it ceases to grow.
Arbor dum crescit; lignum cum crescere nescit.
Source: 2 Bul. 82; Jackson
Difficulty 3/5 — Intermediate
Explanation
The character of a thing changes when its nature changes — a standing tree is real property, but once felled it becomes personal property.
Where this applies
- A dispute arises about whether timber is real or personal property.
- Standing trees on a property are cut down and the question is who owns the logs.
Legal domains
Cite this maxim
NeCede Max. 1.5.42 — A tree is so called whilst growing, but wood when it ceases to grow. — 2 Bul. 82; Jackson (Arbor dum crescit; lignum cum crescere nescit.)
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