$275,000 settlement reached in Maine timber trespass case

Location: York County, Maine

Result: Pre-suit settlement of $275,000

Attorney: Israel F. Piedra, Esq., of Welts, White & Fontaine, PC

Case Summary

In early 2025, a home builder purchased the lot abutting our client’s property and began clearing it. A survey was not performed before this work began. As a result, the builder and its subcontractor mistakenly trespassed onto our client’s land and cut at least two dozen trees.

Under the Maine timber trespass law, property owners are entitled to the replacement cost of the tree as damages when the felled tree is within 400 feet of a house. All of the trees removed from our client’s property were within this 400-foot zone. Moreover, Maine law states that perpetrators are responsible for double damages, even if the tree cutting occurred “without fault.”

Although the home builder and/or their subcontractor were clearly liable, their insurance companies took a considerable amount of time reviewing insurance coverage and commissioning their own arborist appraisal of the removed trees. Ultimately, however, the the insurance companies paid a combined settlement of $275,000 for their insureds’ mistake.

There are a few lessons to take away from this case. First, an experienced lawyer is key: timber trespass claims can often have complexities “under the hood,” particularly with the applicability of liability insurance coverage. Second, patience is important. Although the insurance claims process was took several months, an excellent settlement was finally offered. Such an offer may not have been forthcoming in litigation. Third, timber trespass laws vary greatly from state to state, and, thankfully, Maine is especially hospitable to plaintiffs in this type of case. An identical set of facts in a different state may not have resulted in such a favorable settlement.