Trees are a precious resource – they provide shade, show the turning of the seasons, and beautify they land on which they live. They can also prove to be at the center of disputes between neighbors, particularly when trees on one’s land have been cut down without the landowner’s permission. This tort – willful destruction of trees on the land of another – is known as trespass to trees.
Massachusetts General Laws c. 242 § 7 establishes that if a person without permission knowingly cuts down or destroys trees on the land of another, he or she shall be liable to the owner of the tress for three times the amount of the damages. However, if the person had “good reason” to believe that the land on which the trees stood was his or her own, or that she or he had permission to cut down the trees, then she or he will only be liable for single damages.
The treble damages for willful destruction are meant to deter potential offenders and punish those who have purposefully harmed the trees of others.
How are damages established? The statute itself does not specify how damages are to be calculated. However, case law has established three damages calculations: (1) the value of the timber wrongfully cut; (2) diminution in the market value of the property attributable to the cutting; and (3) the reasonable replacement and restoration costs. In neighborly disputes, the third damages calculation, reasonable replacement and restoration costs, are most commonly used because value of the timber and diminution in value to the property are difficult to evaluate.
Those accused of having willfully destroyed the trees of their neighbors will most frequently offer as their defense that either (i) they were given permission to remove the trees by their owner; or (ii) that they believed the trees were on their land. Should defendants prove successful in claiming permission had been given, they may not be found liable for any damages. If they prevail on their defense of believing the trees to be on their land, they will still be liable for single damages to recompense the owner for the harm suffered.
While often trespass to trees actions are disputes between neighbors, trespass to trees can also be committed by towns, agencies, and utility providers who have damaged or removed trees on private property.