Law of Gardens
Some persons, when leaving a place, finding they could not remove the trees and shrubs, have them cut down; but they were actionable, for the law prohibits waste with malevolent intentions. The decision given in the case of Buckland v. Butterfield establishes this point; for “a tenant is liable to pay for the waste, if he cuts down or destroys,” &c. And it has also been decided by Lord Denman, Mr. Justice Littledale, and Mr. Justice Parke, that a tenant could not remove a border of box, planted in the garden by himself; but that it belonged to the landlord, in the absence of any agreement to the contrary. In the course of the argument the counsel for the tenant asked, “Could not the tenant remove flowers which he had planted in the ground?” Mr. Justice Littledale instantly said, “No.”