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NeCede's

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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