from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
BRANCHES. Those solid parts of trees which grow above the trunk.
2. In general the owner of a tree is the owner of the branches; but
when they grow beyond his line, and extend over the adjoining estate, the
proprietor of the latter may cut them off as far as they grow over his land.
Rolle's R. 394.; 3 Bulst. 198. But as this nuisance is one of omission, and,
as in the case of such nuisances, it is requisite to give notice before
abating them, it would be more prudent, and perhaps necessary, to give
notice to the owner of the tree to remove such nuisance. 1 Chit. Pr. 649,
650, 652. See Root; Tree.