I find that frustrating, but not nearly as frustrating as those with no tree at all. I don't understand why someone would bother.
But I wonder if some of the private-tree folks KNOW their trees are private. I'm pretty sure mine is public, but as I was reading through this thread, I thought I'd better go double-check (!) and I can't find a way to ascertain whether my own trees are public or private. Possibly I'm not the only one?