Vermont timber trespass law Section 1. There are well established Feb 23, 2016 · Generally: The bill amends the current statute in law addressing timber trespass—i. , 2009 NY The trial court directed a verdict for WNYLC on the trespass claim. NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience. 020, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof In Vermont, timber trespass can be a crime if a person knowingly or recklessly cuts down, fells destroys, removes, injures, damages or carries away any timber or forest product without permission from the owner. It also makes it easier to seize equipment from loggers who Mar 3, 2025 · Understand Vermont trespassing laws, including legal distinctions, penalties, and key defenses to help navigate property rights and legal responsibilities. Trespass; criminal penalty (a) No person shall knowingly or recklessly: (1) cut down, fell, destroy, remove, injure, damage, or carry away any timber or forest product placed or growing for any use or purpose whatsoever, or timber or forest product lying or growing belonging to Feb 6, 2024 · It’s modeled around Vermont’s consumer fraud laws, allowing state’s attorneys and the attorney general to issue criminal penalties. In Porter v. The act also provides that New Hampshire timber harvesting laws include timber trespass provisions to protect landowners from theft or reckless timber cutting that may occur without the landowner's permission. Mar 22, 2018 · Until recently, the only timber theft cases that went to criminal court in northern New England were those involving blatant trespassing, when loggers had no business being on a property at all. The only thing worth noting on this is that causing damage to someone’s property up to a certain amount […] (h) A person subject to the financial surety requirements of section 3605 of this title for timber trespass shall not engage in land improvement activities unless the person has satisfied the financial surety requirements for timber trespass. " State law provides that an injured landowner can recover compensation for trees that were cut without permission by a neighbor, tree service, or other defendant. Jul 30, 2020 · Under Maine law, an individual who cuts down a tree or trees on another’s property without permission may be liable for timber trespass. There are well established § 3606a. Two important ones to understand include Vermont's: Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermon t Heavy Cut Law three years following the date of the convicti Commissioner of Buildings and General Services. Vermont Law 4. Clark, Chief of Staff, 802-828-3171 Attorney General T. 129. § 3705) § 3705. The Vermont Statutes Online The Statutes below include the actions of the 2025 session of the General Assembly. Vermont's timber trespass statute, 13 V. It also makes it easier to seize equipment from loggers Jan 16, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. Timber trespass can also be prosecuted as a crime. Trespass; civil action (a) In addition to any other civil liability or criminal penalty allowed by law, if a person cuts down, fells, destroys, removes, injures, damages, or carries away any timber placed or growing for any use or purpose whatsoever, or forest products standing, lying, or growing belonging to another person, without permission from the owner of the timber or forest There are several laws and regulations pertaining to timber harvesting in Vermont. 48. Court may not award attorney fees for claim that presents facts that constitute functional equivalent of timber trespass if pleading does not claim that defendant committed timber trespass. plaintiffs’ witnesses. If you believe you have been subjected to home improvement fraud, you should promptly report the matter to your local law enforcement. RSA 227-J:8 and state common law allow for damages to be awarded to landowners whose trees were cut without permission by a neighbor, tree service, or some other defendant. Valuation of trees or timber Title 13 : Crimes and Criminal Procedure Chapter 077 : Trees and Plants (Cite as: 13 V. § 3606a) § 3606a. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Jan 18, 2024 · It’s been happening for decades, and in 2016, lawmakers passed a law that made timber trespass a crime. S. org Feb 23, 2016 · Generally: The bill amends the current statute in law addressing timber trespass—i. Each New England state has laws providing compensation for victims of timber trespass in Maine, Massachusetts, New Hampshire, Vermont, Rhode Island, and Connecticut. Cullen v. ” Timber trespass can be either intentional or accidental. Laws, Codes & Statutes2024 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 81 - Trespass and Malicious Injuries to Property § 3705. § 3605 is added to read: Title 13: Crimes and Criminal Procedure Chapter 81: Trespass and Malicious Injuries to Property Subchapter 1: INJURIES TO BUILDINGS AND THEIR APPURTENANCES § 3701. belonged to him, or that he had a legal right to perform the acts complained of, the plaintiff shall recover single damages only, In a continuing trespass, the trespass may be challenged at any time, but recovery is limited [v]. Jan 16, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. The group would be charged with identifying gaps, deficiencies, and opportunities to the prevent and enforce cases of timber theft and trespass laws, and examine all possible mechanisms and tools, and the resources needed to support Apr 3, 2024 · included in this legislation, led by law enforcement, is an essential part of this bill. It expands the definition of "land improvement" to include activities like site work, forestry operations, and the construction of trails and roads. Common scenarios include: Neighbors Overstepping: A neighbor cuts down your trees, thinking they’re on their land or because they block their view. § 3606(a). The act authorizes an injured party to recover damages based on the kind, condition, or use of timber or based on a statutory valuation system. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Wrongful tree cutting, sometimes called timber trespass, happens when someone intentionally or negligently removes, damages, or destroys trees on your property without your permission. Sam Lincoln wants you to know there is such a thing as an honest logger. Tremonte cut 839 trees without Home improvement fraud and land improvement fraud are criminal offenses. " State law provides for an award of monetary damages to landowners whose trees were cut without permission by a neighbor, tree service, or other defendant. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce We would like to show you a description here but the site won’t allow us. Feb 26, 2025 · Understand Pennsylvania trespassing laws, including legal distinctions, potential penalties, civil liability, and exceptions for lawful entry. Justia Free Databases of U. Forest Service officials inspecting timber in North Carolina. § 3603 (Cum. There are two types of trespass: criminal and civil. The Mellett defendants have filed a third-party complaint seeking indemnification from third-party defendant Adam Allen on the timber trespass claim. Massachusetts law has long prohibited the cutting of another's trees without permission, a legal offense known as "timber trespass. To add insult to injury, several landowners who have experienced timber theft in Timber trespass is the legal term for an unlawful cutting of someone else's (such as a neighbor's) trees. org Feb 15, 2024 · Timber trespass and timber theft are crimes that have plagued this industry for decades throughout the northeast and especially here in Vermont. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Jan 16, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. org vtfpr. 020, timber, or shrub on the land of another person, or on the street or highway in front of any person’s house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or Mar 15, 2021 · Contact: Charity R. However, if it appears on trial that the defendant acted through mistake, or had good reason to believe that the trees . If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his or her own, or that of the person in whose service or by whose direction the act was done, or that such tree or timber was taken from uninclosed The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. Plaintiffs appealed the jury verdict in their favor, arguing that the damage award was inadequate. Jan 15, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. Jan 26, 2024 · Specifically, we request that the study group is populated by a group of relevant stakeholders, including the Professional Logging Contractors of the Northeast. Attorney General T. Kirkendoll, the Washington Supreme Court classified timber trespass as a strict liability tort and held that the Washington tort reform act applies to timber trespass claims. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Feb 6, 2024 · It’s modeled around Vermont’s consumer fraud laws, allowing state’s attorneys and the attorney general to issue criminal penalties. Feb 13, 2024 · The Timber Trespass Statute prohibits any person from “damaging” trees “from land not that person’s own. Timber thieves, not reputable professional logging contractors, have operated in this state for far too long because they have not had the weight of law, nor enforcement, to ensure that their activities are eliminated. Use this text or the PDF. Learn about Vermont's property line laws, fencing statutes, and much more at FindLaw. No. The Attorney General must place the person’s name on the Home Improvement and Land Improvement Fraud Registry, including whether the person filed a surety bond or an irrevocable letter of credit. It simultaneously amended § 3606 to provide that a landowner who failed to mark the harvest unit could be liable for damages in a timber Mar 3, 2006 · CR28-851, -856 – Unlawful Trespass (Land). Amends 13 V. This bill amends Vermont's laws related to land improvement fraud and timber trespass. Aug 16, 2023 · Georgia: Fast Facts on Trespassing Georgia Trespassing Law Overview Georgia is a state with streamlined, easy-to-understand laws governing trespass. Unlawful mischief (a) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount Jan 12, 2024 · Timber trespass and timber theft are crimes that have plagued this industry for decades throughout the northeast and especially here in Vermont. § 3606. There are well established Contact: Charity R. Supp. See State v. The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. Timber trespass is the legal term for an unlawful cutting of someone else's (such as a neighbor's) trees. A. Nov 22, 2022 · Vermont’s trespass laws are spelled out in Title 13 Chapter 81 Section 3705 and state that a trespasser who disregards a proper notice then enters and remains on any land/place may be subject to a jail time of up to 3 months and a fine not exceeding $500, or both. (h) A person subject to the financial surety requirements of section 3605 of this title for timber trespass shall not engage in land improvement activities s the per ments fo trespass. May 10, 2024 · H. RSA 227-J:8 — The Timber Trespass Statute New Hampshire has a long history of protecting and valuing trees. An act relating to unlawful trespass in a motor vehicle and unauthorized operation of a motor vehicle without the owner’s consent. Oct 20, 2023 · Vermont is a state with few laws governing trespassing, but what laws exist are broadly written. Title 13 section 3606 provides a civil action for timber trespass when a person jures, damages, or ca ri timberbelonging to another person, without permission from the owner” 13 V. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Jul 21, 2025 · The cutting-down or destruction of trees on someone else’s property is termed “timber trespass. §7552, an individual may not cut down, destroy, damage or carry away any forest product or tree on land belonging to another without the property owner’s permission. Laws, Codes & Statutes2024 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 77 - Trees and Plants § 3602. Trespass; criminal penalty (a) No person shall knowingly or recklessly: (1) cut down, fell, destroy, remove, injure, damage, or carry away any timber or forest product placed or growing for any use or purpose whatsoever, or timber or forest product lying or growing belonging to another person, without permission from the owner of the timber or forest product; or (2) deface the mark Oct 19, 2023 · Attorney General Charity Clark today announced a $75,000 settlement to resolve claims by the State of Vermont against Thomas Tremonte for civil timber trespass and unlawful mischief on State Park land. Title 13 : Crimes and Criminal Procedure Chapter 081 : Trespass and Malicious Injuries to Property Subchapter 001 : INJURIES TO BUILDINGS AND THEIR APPURTENANCES (Cite as: 13 V. As the owner of Lincoln Farm Timber Harvesting in The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. Jul 7, 2017 · Washington’s timber trespass statute provides: Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in RCW 76. vtfpr. The Supreme Court reversed and remanded, holding that Vermont timber trespass law required trebling the cost of trees but that punitive damages are not available. The injured party or landowner may rely on an assessment of damages based on the kind, condition, location, and use of the timber or forest product by the injured party or landowner, or alternatively, may elect to rely on the values established under section 3602 of this title. e. [1] The timber trespass statute is penal in nature, and its purpose is to “(1) punish a voluntary offender, (2) provide treble damages, […] Timber Harvesting in Vermont: Summary of Laws and Regulations Timber Harvesting in Vermont: Summary of Laws and Regulations SHOW MORE ePAPER READ DOWNLOAD ePAPER TAGS vermont timber harvesting resource taxes income logging requirements regulations permit summary www. Vermont’s timber trespass statute, in relevant part, provides that “if a person cuts down” another’s timber without permission, the injured party “may recover of such person” treble damages by filing an action under the statute. § 3606(a), (b). Laws, Codes & Statutes2024 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 77 - Trees and Plants § 3606a. Plaintiffs also claimed the jury should have found the neighbor liable for unlawful Jan 15, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. Pretty much everything you need to know is contained within a single section of the state statutes. Criminal penalties for timber trespass can include imprisonment and/or substantial fines. Vermont prohibits the unauthorized cutting of trees, also known as "timber trespass. An experienced attorney can help collect a settlement if your trees have been cut down without permission. The jury found defendant liable on all counts charged and awarded $100,000 in damages for timber trespass, $255 for common law trespass, $5,000 for unlawful mischief, $1,000 for unlawful removal of survey stakes, $500,000 for invasion of privacy and $1,0 Mar 15, 2021 · Attorney General T. The fourth essential element requires proof that the defendant had received notice against trespass. 1 (affirming trial court’s jury instructions). Pursuant to 14 M. chapter 77. 00, or both, if, without legal authority or the consent of the person in lawful Justia Free Databases of U. he cannot. J. Richards, 2021 VT 40, ¶ 26, 215 Vt. Criminal matters are investigated by local law enforcement. . Anyone […] Aug 14, 2019 · If you ask someone to stop coming into your home but the person keeps coming anyway, you can use a Notice Against Trespass to keep the person out. The act clarifies the exemptions from timber trespass. The settlement resolves a 2021 case filed by the Attorney General’s Office on behalf of the Department of Forests, Parks, and Recreation (FPR) alleging that Mr. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce Jan 26, 2024 · Specifically, we request that the study group is populated by a group of relevant stakeholders, including the Professional Logging Contractors of the Northeast. As the owner of Lincoln Farm Timber Harvesting in In Vermont, timber trespass can be a crime if a person knowingly or recklessly cuts down, fells destroys, removes, injures, damages or carries away any timber or forest product without permission from the owner. The State alleges that, in 2019, the Department of Forests, Parks, and Recreation (FPR) observed an area of trees and shrubs cut on State land within a designated . The act amends the authority to bring a civil action for timber trespass by specifying the damages an injured party may recover. It also makes it easier to seize equipment from loggers who operate in bad faith. 13 V. The State alleges that, in 2019, the Department of Forests, Parks, and Recreation (FPR) observed an area of trees and shrubs cut on State land within a designated It is against the law in all states to trespass on private property without the owner's permission or without having an official reason. Photo courtesy U. 2010). Apr 3, 2024 · Timber trespass and timber theft are crimes that have plagued this industry for decades throughout the northeast and especially here in Vermont. So long as you take care to stay well away and out of any buildings you don’t own and off of private roads and drives you should have little to worry about. Unlawful trespass Jan 1, 2024 · (a) In addition to any other civil liability or criminal penalty allowed by law, if a person cuts down, fells, destroys, removes, injures, damages, or carries away any timber placed or growing for any use or purpose whatsoever, or forest products standing, lying, or growing belonging to another person, without permission from the owner of the timber or forest product, or cuts out, alters, or Aug 11, 2025 · The Supreme Court held that Vermont’s timber trespass statute — which reads in part that if a person cuts down trees belonging to another person “without leave from the owner,” the injured party can recover treble damages — is plain and unambiguous. Aug 24, 2024 · Whether you’re dealing with overhanging branches, fallen trees, or trimming disputes, it’s critical for homeowners, contractors, and property managers to understand boundary tree law, timber trespass penalties, and your legal rights and responsibilities under state statute. The group would be charged with identifying gaps, deficiencies, and opportunities to the prevent and enforce cases of timber theft and trespass laws, and examine all possible mechanisms and tools, and the resources needed to support The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. In Vermont, timber trespass can be a crime if a person knowingly or recklessly cuts down, fells destroys, removes, injures, damages or carries away any timber or forest product without permission from the owner. § 3606, reads in rel s statute. Jun 23, 2025 · Having a good relationship with your neighbors can sometimes depend on fences and other boundary issues. The injured party or landowner may rely on an assessment of damages based on the kind, condition, location, and use of the timber or forest product by the injured party or landowner, or alternatively, may elect to rely on the values established under section 3602 of this title. Trespass; criminal penalty Justia Free Databases of U. Donovan announced that the State of Vermont filed a civil lawsuit in Orleans County Superior Court for timber trespass at Hazen’s Notch State Park. Western New York Land Conservancy, Inc. Unlawful trespass (a) (1) A person shall be imprisoned for not more than three months or fined not more than $500. Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76. New Hampshire state law prohibits "timber trespass," defined as the cutting of another property owner's trees without permission. , timber trespass), illegal construction of nuisance or "spite" fences, and to quiet title. Feb 1, 2024 · U. Trespass; civil action (a) In addition to any other civil liability or criminal penalty allowed by law, if a person cuts down, fells, destroys, removes, injures, damages, or carries away any timber placed or growing for any use or purpose whatsoever, or forest products standing, lying, or growing belonging to another person, without permission from the owner of the timber or forest § 3606. We would like to show you a description here but the site won’t allow us. The group would be charged with identifying gaps, deficiencies, and opportunities to the prevent and enforce cases of timber theft and trespass laws, and examine all possible mechanisms and tools, and the resources needed to support the The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. The issue presented for the Vermont Supreme Court's review in this matter centered on a timber trespass action brought by plaintiffs against a neighboring landowner and the logger who cut plaintiffs' trees. 2. Home improvement fraud and land improvement fraud are criminal offenses. Incidents of timber trespass may involve unapproved cutting of trees, failure to pay for trees, damage to the land, and other harm. Oct 23, 2023 · According to the state of Vermont, New Hampshire resident Thomas Tremonte cut 839 trees in Hazen’s Notch State Park, which abuts his Westfield property, in 2019. An action predicated upon a continuous trespass is barred only by the expiration of such time that would create an easement by prescription or change title by operation of law [vi]. Sec. 614 (Act 153) An act relating to land improvement fraud and timber trespass The lower court ruled in favor of the State without no compensation for the cut trees but awarded punitive damages. Feb 20, 2025 · Understand Alabama trespassing laws, including key distinctions, legal requirements, and potential consequences for unauthorized entry onto property. It simultaneously amended § 3606 to provide that a landowner who failed to mark the harvest unit could be liable for damages in a timber The Supreme Court reversed and remanded, holding that Vermont timber trespass law required trebling the cost of trees but that punitive damages are not available. Feb 6, 2024 · It’s modeled around Vermont’s consumer fraud laws, allowing state’s attorneys and the attorney general to issue criminal penalties. It is against the law in all states to trespass on private property without the owner's permission or without having an official reason. belonged to him, or that he had a legal right to perform the acts complained of, the plaintiff shall recover single damages only, Jan 15, 2025 · (1) Timber Trespass and Enforcement in Vermont The risk of timber trespass is an unfortunate reality for Vermont landowners. Forest Service The Community News Service is a program in which University of Vermont students work with professional editors to provide content for local news outlets at no cost. 1 In 2010, the Legislature added a section to the timber trespass statute requiring a landowner to mark the harvest unit prior to removing trees, and providing for a civil penalty of up to $1000 for failure to do so. R. The third essential element—the license element—does not contain an implied notice requirement. Notice Against Trespass To: (enter the name of the trespasser) You are hereby notified by the person in lawful possession of these premises, (print your name), that I do not authorize you to enter these premises. Jan 15, 2025 · a summary of the current issues pertaining to enforcement of timber trespass statutes; a summary of mechanisms or alternatives utilized in other states to effectively enforce or prevent timber theft or similar crimes; Jan 18, 2024 · It’s been happening for decades, and in 2016, lawmakers passed a law that made timber trespass a crime. the theft of timber and forest products—in order to clarify the civil action for timber trespass and to clarify criminal enforcement by specifically establishing timber trespass as a crime. Police officers, sheriffs or park rangers enforce criminal trespassing, while civil trespassing requires a landowner to file Apr 20, 2016 · Under Washington’s timber trespass statute, a timber trespass occurs when a person cuts down, girdles, or otherwise injures or carries off any tree, including a Christmas tree, timber, or shrub on the land of another. If you The act requires a person who is convicted of timber trespass to notify the Attorney General and also requires the courts to notify the Attorney General of the violation. ” The Court did not answer the question of whether the Maine legislature “intended” for the Timber Trespass Statute to apply if a property owner damages a neighbor’s tree while trimming back the tree to the property line. Vermont law offers multiple avenues of legal recourse for incidents involving timber trespass with authority to investigate and enforce The amended complaint pleads causes of action for nuisance, trespass, trespass against trees (i.