If trees or shrubs have been damaged by an individual who trespassed onto your property, then you may have a timber trespass claim against that individual. This article explains what constitutes timber trespass, how damages are measured, and what steps you can take to protect your rights.
What constitutes Timber Trespass?
A claim for timber trespass is based on a Washington Statute, specifically RCW 64.12.030. Under RCW 64.12.030, a person is liable for timber trespass if they injure a tree, timber, or shrub on the land of another person, without lawful authority. Lawful authority in this context can mean permission from the landowner, or another statute, code, or court order that allows the person to cut or remove the tree.
Measuring Damages
If the person injures the tree, timber, or shrub without lawful authority, then they will be responsible for triple the amount of damages claimed or assessed (“treble damages”). This tripling of the actual value of the damages is designed to deter willful violations of property rights, i.e., intentional trespass of your trees or shrubs. If the trespass was involuntary, then the Court will only award single damages.
The value of damages for a timber trespass claim are determined by a certified arborist, who assesses the extent of the injury to the trees or shrubs. The arborist’s evaluation will typically include an analysis of the replacement value of the tree, the restoration costs, or the diminished value of your property due to the loss. These damages are then tripled if the trespass was intentional.
The Courts have also allowed individuals to recover for damages that are not a “customary byproduct” of removing the trees or shrubs. These damages include depreciation in the value of the land where the trees were located and the emotional distress caused by the removal of the trees. It is important to note that these damages are not tripled.
The Courts have held that a Plaintiff cannot recover his or her attorneys’ fees and costs for a timber trespass claim.
Conclusion
Protecting your property rights is essential. If your trees or shrubs have been damaged or removed without your permission, you may have a valid timber trespass claim. You will likely also have additional claims for trespass and nuisance. Consult with experienced counsel about the particulars of your situation and keep in mind the cost/benefit analysis in moving forward to recover your damages.
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