When Tree Cutting Goes Too Far: NH Timber Trespass Laws
These days, “tree thieves” are rarely sneaking onto private property with the express purpose of destroying or stealing lumber. However, New Hampshire’s timber trespass laws are still regularly applied by law enforcement officers and private litigants. This is because neighbors and tree service companies often misjudge property lines and cut down trees on adjacent, privately-owned, property. When this happens, property owners may be able to recoup their damages by employing New Hampshire’s timber trespass laws.
Timber Trespass Laws: What Are They?
New Hampshire takes its timber very seriously, and has both civil and criminal penalties for timber trespass. The civil law bans the unauthorized removal, damage, or theft of any timber, and covers virtually every type of raw-wood material, such as trees, logs, poles, underwood, or bark.
The law also provides civil and criminal penalties for violators. Civilly, violators of the timber trespass law could be required to pay the property owner between three and ten times the market value of the lumber, also known as the “stump” value. In certain situations, property owners may also be compensated for the replacement cost of the trees. Violators causing damage of less than $1,000 may be charged with a misdemeanor, and if the market value of the destroyed or stolen wood is greater than $1,000, violators may be charged with a Class B felony.
Have Your Trees Been Stolen or Damaged?
If you believe your timber has been destroyed or stolen from your property, there are several things to consider before pursuing action:
- identify your property boundaries,
- collect any materials relevant to the history of your property and timber, such as maps, prior land surveys, and historical photographs, and
- speak with an attorney versed in New Hampshire property law.
Wescott Law’s experienced attorneys can assist with your timber trespass claim and many other related matters. Contact us today at info@wescottlawnh.com or at (603) 524-2166.
About Wescott Law
Wescott Law is dedicated to serving the legal needs of businesses and individuals in New Hampshire’s Lakes Region and beyond. Wescott Law’s main office is located in Laconia, with satellite locations in Meredith and Plymouth.