Just a short walk from my hotel during the GURISA Conference
in Athens, Georgia located at the top of the steep hill where Dearing and
Finley Streets intersect stands a stately 350-year-old white oak*. Protected
since the early 19th century, University of Georgia professor,
Colonel William H. Jackson, deeded the tree, its autonomy and apparently, the
love and devotion from childhood memories to Georgia residents and the land
within eight feet of it on all sides. He was determined to protect it—forever.
A tree that owns itself? Located in a street right-of-way
with a lost deed? As a land surveyor, naturally I have questions.
For a deed to be properly executed, certain acts must be
performed to create a valid conveyance. Ordinarily, an essential element of
execution is the signature of the grantor in the proper place. It is not
necessary, however, that the grantee sign the deed in order for it to take
effect as a conveyance. Generally, state statutes require that the deed be
signed in the presence of witnesses, attesting to the grantor's request.
There is a process to reading and interpreting a deed. Many
deeds were made without the benefit of a title opinion, survey or an attorney.
They, like the tree that owns itself, were simply made by one of the parties to
the transaction. The tree pays no taxes, is protected by the community and
rests secure in its own enclosed garden-type lot. The original deed is lost to
history, but a plaque at the foot of the tree reads:
“For and in consideration
of the great love I bear this tree and the great desire I have for its
protection for all time, I convey entire possession of itself and all land
within eight feet of the tree on all sides – Wiliam H. Jackson
Whether the tree owns itself or not doesn't really matter.
The tree, probably the most unusual property holder in the world, and the
entire Dearing Street Historic District were added to the National Register of
Historic Places as an important historic site in 1975.
*The original tree became diseased and was blown down in a
windstorm on October 9, 1942, and a new tree was grown from one of its
acorns. The Junior Ladies Garden Club
grew a sapling from one of the tree's acorns and planted it on the same spot
October 9, 1946. The tree's property rights have never been challenged.
