A neighbor came onto my property, cut down and removed 4 80ft trees. Is this criminal tresspass?

Asked almost 3 years ago - Lummi Island, WA

This is not a property line issue. The trees were on the north and south side of the property.

Attorney answers (4)

  1. Samuel A Rodabough

    Pro

    Contributor Level 7

    5

    Lawyers agree

    Answered . The matter could be prosecuted criminally, although the particular charge would be up to the prosecuting attorney that pursues the matter. However, prosecuting attorneys, who often have large caseloads, may decline to pursue criminal charges for lack of evidence, or if they believe an adequate civil remedy exists, among other reasons.

    With respect to a civil prosecution, you may have a claim for timber trespass under
    RCW 64.12.030, if you can prove that the neighbor removed the trees without lawful authority. Under such circumstances, the statute allows for the recovery treble damages (i.e, triple the damages incurred). If the neighbor's removal of the trees was merely casual or involuntary, only single damages are awarded. See RCW 64.12.040.

    Alternatively, if you can prove that the neighbor's tree removal was intentional and unreasonable, you may have a claim for waste or injury to land under RCW 4.24.630, which not only allows for the recovery treble damages, but also allow for the recovery of attorneys fees and investigative costs.

    In pursuing similar claims for clients in the past, opposing attorneys have asserted that if your claim can be pursued under timber trespass (RCW 64.12.040), you cannot recover under waste or injury to land (RCW 4.24.630), which is preferable because of the potential recovery of attorneys fees.

    This answer is provided for informational purposes only and should not be relied upon or construed as legal advice... more
  2. Elizabeth Rankin Powell

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is timber trespass. You need an attorney skilled at this kind of litigation, and an expert to value the trees. Damages are treble and all your reasonable attorney fees and costs of suit. Those may well be the most expensive trees your neighbor ever bought.

    Hope this helps. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  3. Samuel Michael Meyler

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I concur with Mr. Rodabough.

    Legal disclaimer: The answer provided: A) is for informational purposes only, B) is not intended to constitute... more
  4. Steven Alan Fink

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The question is why he did it if it is criminal trespass. However, you have been monetarily damaged. You can and should sue him civilly for the cost of replacing the trees.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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