FAQ: Timber Trespass and Tree Law Explained

Summary
Timber trespass is a subsector of civil, premises liability, and real estate law where cutting down trees on someone else's property can result in significant financial penalties and legal consequences for violators.
What is timber trespass?
Timber trespass is a legal concept involving the unauthorized cutting or removal of trees from someone else’s property, which can result in civil lawsuits and sometimes criminal charges.
Why is timber trespass significant?
It can cost violators substantial amounts of money, involve thousands of dollars in damages, heightened emotions, and complex property law issues that significantly impact property owners.
How do timber trespass cases typically occur?
Most commonly through confusion over property lines or failure to conduct a property survey before removing trees, though some cases involve intentional actions like cutting trees to improve views.
Who specializes in timber trespass cases at Welts, White, & Fontaine, P.C.?
Attorney Israel Piedra, a lead personal injury lawyer at the firm, specializes in timber trespass matters and is currently working on about two dozen active tree law cases.
Where do timber trespass cases commonly occur?
They are fairly common in New England, specifically across New Hampshire, Massachusetts, Maine, and Vermont, as mentioned in Attorney Piedra’s current caseload.
What are the legal consequences of timber trespass?
While few cases result in criminal charges, victims typically seek recourse through civil lawsuits to recover compensation for damages caused by the negligence of others.
How does the Nantucket case compare to other timber trespass incidents?
The Nantucket incident reached a level of egregiousness closer to a Maine case where trees were poisoned, rather than typical cases involving property line confusion.
Who should contact Welts, White, & Fontaine about timber trespass issues?
New England property owners who believe they have a case of property rights violations and timber trespass should contact their Nashua premises liability lawyer for more information.

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