The Tree that Owns Itself – No Good Deed Goes Unquestioned

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 19^th 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.

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