New Hampshire’s timber trespass laws are designed to protect landowners from unauthorized tree cutting, whether due to intentional actions or misunderstandings about property boundaries. Understanding these laws is crucial for both property owners and those involved in timber harvesting.​

What Constitutes Timber Trespass?

Timber trespass occurs when an individual negligently or recklessly cuts, damages or removes trees from another person’s land without permission. This includes actions by neighbors or tree service companies that mistakenly cross property lines. New Hampshire law covers different types of wood materials, such as trees, logs, poles, underwood and bark.​

Legal Penalties for Timber Trespass

New Hampshire imposes both civil and criminal penalties for timber trespass:​

• Civil Penalties: Under RSA 227-J:8, violators must compensate the affected landowner with damages ranging from three to ten times the market value of the unlawfully removed or damaged timber. The “stumpage value” is calculated based on the worth of the trees before they were cut.​ Alternatively, landowners may be compensated for tree replacement value in rare circumstances, especially if ornamental or boundary trees are cut.
• Criminal Penalties: Per RSA 227-J:8-a, if the loss exceeds $1,000, the offender may face a Class B felony charge; for losses under $1,000, a misdemeanor charge may apply.​

Steps to Take if You Suspect Timber Trespass

If you believe your trees have been unlawfully cut or damaged:

• Confirm Property Boundaries: Accurately identify your property lines using deeds, maps and prior land surveys. Engaging a licensed surveyor can provide definitive boundary clarification and may be imperative if the case proceeds to trial.​
• Document the Incident: Gather evidence, such as photographs of the affected area, records of the trees’ condition before the incident and any communications with the party responsible.​
• Consult Legal Counsel: Seek advice from an attorney experienced in New Hampshire timber trespass law to understand your rights and the appropriate legal actions to pursue.​

Understanding and adhering to New Hampshire Timber Trespass laws not only protects your property but also promotes responsible forestry practices within the community. If you’re facing issues related to timber trespass in New Hampshire, contact us today via our website or call (603) 524-2166 for a consultation.