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Neighbor Cut Down Two of Our Trees

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pbaker

Junior Member
What is the name of your state? WV = West Virginia

Our neighbor has land bordering our property and has decided to sell that land. She then cut down 4 trees that bordered our land, two of which were actually on our land. She had previously had a survey done, we have had one done in the past, and the markers clearly showed that two of the trees were on our land. She hired someone to do the work. I spoke with the person who was cutting down the four trees, unfortunately at this time he had already cut the two that were on our property, and he told me that he was instructed by the neighbor to cut the trees down, that they were on her property. This happened about 4 - 5 days ago. We haven't spoken to the neighbor about this yet because we want to buy the land. We didn't want an arguement about the trees to upset our ability to buy the land. Now it does not look like she will be selling the land to us or even listing it through the agent. So now we want to know what we can do about the trees. From what I know they were Wild Cherry Trees, roughly 15 - 20 years old. The trunk of one was roughly 1 - 1 1/2 feet wide and the other was at least 1 1/2 feet wide, maybe more. They were each about 20 feet tall. The replacement of trees like that is probably expensive. What legal rights do we have??
 


seniorjudge

Senior Member
pbaker said:
What is the name of your state? WV = West Virginia

Our neighbor has land bordering our property and has decided to sell that land. She then cut down 4 trees that bordered our land, two of which were actually on our land. She had previously had a survey done, we have had one done in the past, and the markers clearly showed that two of the trees were on our land. She hired someone to do the work. I spoke with the person who was cutting down the four trees, unfortunately at this time he had already cut the two that were on our property, and he told me that he was instructed by the neighbor to cut the trees down, that they were on her property. This happened about 4 - 5 days ago. We haven't spoken to the neighbor about this yet because we want to buy the land. We didn't want an arguement about the trees to upset our ability to buy the land. Now it does not look like she will be selling the land to us or even listing it through the agent. So now we want to know what we can do about the trees. From what I know they were Wild Cherry Trees, roughly 15 - 20 years old. The trunk of one was roughly 1 - 1 1/2 feet wide and the other was at least 1 1/2 feet wide, maybe more. They were each about 20 feet tall. The replacement of trees like that is probably expensive. What legal rights do we have??
Sounds like maybe trespassing with possible timber theft to me. Call your state representative and ask for any cites to your state's statutes on timber theft.

In any event, sue the bad person in small claims court for your damages.
 

Happy Trails

Senior Member
Treble damages.

From WV statutes:

§61-3-48. Offenses involving damage to shrubbery, flowers, trees and timber; limitation of section; penalties.

(b) It is unlawful for any person to enter upon the lands or premises of another without written permission of the owner of the lands or premises, in order to break, cut, take or carry away or in any manner to damage or cause to be broken, cut, taken or carried away or in any manner damaged, any trees or timber on the land.

(g) Any person who violates the provisions of subsection (b) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, for the first offense shall be fined not less than fifty dollars, and for subsequent offenses shall be confined in the county jail for not less than three months, or fined not less than fifty dollars, or both, for each offense.

§61-3-48a. Cutting, damaging or carrying away without written permission, timber, trees, growing plants or the products thereof; treble damages provided.

Any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage or carry away or cause to be cut, damaged or carried away, any timber, trees, logs, posts, fruit, nuts, growing plant or product of any growing plant, shall be liable to the owner in the amount of three times the value of the timber, trees, growing plants or products thereof, which shall be in addition to and notwithstanding any other penalties by law provided
 

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