The Legal Damages When a Neighbor Cuts Down Trees on Your Property

Q. In the course of clearing his property, my neighbor crossed our common boundary line and also cut down a number of trees on my land. What damages are available?

Under New York common law, damages for injury to property are generally limited to the amount of “actual” damages sustained, consisting of either the amount by which the market value of the property has decreased or the cost of restoration, whichever is less. New York’s Real Property Actions and Proceedings Law (RPAPL), however, provides a special rule of damages in cases of trees cut from another person’s property without permission. Under RPAPL § 861, a person who “cuts, removes, injures or destroys” trees on the land of another, without the owner’s consent, may be held liable for up to “treble the stumpage value of the tree or timber or two-hundred fifty dollars per tree, or both and for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation.”RPAPL § 861, therefore, modifies the common law in three significant respects.

Stumpage Value Matters

First, in certain circumstances, the statute permits an owner to recover as damages an amount greater than their “actual” damages – that is, treble or “triple” the stumpage value of the trees removed. “Stumpage value” is defined in the statute as meaning “the current fair market value of a tree as it stands prior to the time of the sale, cutting, or removal.”RPAPL § 861(3) provides that the “stumpage value” is to be determined by reference to one or more specified methods, including “the sale price of a tree in an arms-length sale, a review of solicited bids, the stumpage price report prepared by NYSDEC, comparison with like sales on state or private lands, or “other appropriate means to assure that a fair market value is established within an acceptable range based on the appropriate geographic area.” The burden of proving the stumpage value is on the owner, and it may be necessary to offer the testimony of an expert to establish the value.As an alternative to proving the stumpage value, an owner may instead rely on the $250 per tree statutory amount, although that amount is not subject to a treble award.

If the stumpage value is established, the owner of the trees cut will be entitled to three times the amount of that value unless the defendant proves, by clear and convincing evidence, that at the time the trees were cut he or she (1) had good cause to believe that the land was his or her own, (2) had an easement or right of way across such land which permitted their actions, or (3) otherwise had a legal right to harvest such land. It is not enough for a defendant to simply establish a mistaken belief that he or she owned the land – there must also be “good cause” for that belief. Even where the defense is established, however, the defendant is nevertheless liable for proven stumpage value (although not trebled) and/or the statutory value of $250 per tree.

Recover the Cost of Restoring the Property

Second, the statute permits an owner to recover separate damages for the cost of restoring the property. In addition to up to triple the value of the trees cut, RPAPL § 861 also allows an owner to “reparations” of “such kind, nature, and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands and/or by assessment of monetary payment to make such restoration.”Such “reparations” would, therefore, include the cost of new saplings to replace the trees cut, as well as the reasonable value of the labor to plant them. As with stumpage value, the costs of restoration may require testimony from an expert.

Finally, RPAPL § 861 modifies New York’s common law by specifically allowing a successful owner to recover from the defendant “reasonable costs associated with maintaining an action pursuant to this section”, which would include an award of reasonable attorneys’ fees and court costs. Such out-of-pocket expenses are generally not recoverable in a common law property damage case, even to a winning party.

Be Compensated For Your Valuable Natural Resources

Trees are a valuable natural resource, from an economic as well as an environmental perspective. RPAPL § 861 seeks to promote and protect that economic value by providing a strong deterrent to those who might cut and remove trees located on the lands of another, whether intentionally or through carelessness.

Do you deserve compensation for trees that have been cut down on your property? Our real estate lawyers may be able to help. Make an appointment with our team for a free consultation today.