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It depends on why you're asking. For purpose of taxation, states vary as to whether trees are real estate, person property, or "severable agriculture."

In general, however, anything that can be "moved" (or removed) is not technically "real property" but rather personal property. For example, I could remove the sod in my front yard and sell it to someone apart from the land beneath it. It would be more difficult (but not necessarily impossible) to sever a live tree from the land and remove it. Cutting trees is, of course, a common way to sever such property from the land permanently.

On the other hand, grass and trees "on your property" are governed by the same trespassing laws as the rest of your real property.

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17y ago

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