Every proprietor or occupier of land in a state of cultivation, contiguous to uncleared land, may compel the proprietor or occupier of the latter to fell all trees along the line of separation which are of a nature to injure the cultivated land, and this on the whole length, and on the breadth, in the manner, and at the time determined by law, by regulations having force of law, or by established and recognized usage.
Trees, however, which may be preserved on or near the line, with or without curtailing the branches or roots, according to the three last preceding articles, are excepted.
Fruit trees and maple trees, which may be preserved in all cases near or along the line, but are subject to the same curtailing, are also excepted.
The fine for any contravention does not free one from the necessity of giving the clearance ordered by a competent tribunal, nor from the damages actually incurred since the party was put in default.
1866 s. 531