Maine tree trespass case settles for $100,000

Year of Incident: 2025

Location: Springvale, ME

Result: Pre-suit settlement of $100,000

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

Case Summary

In the summer of 2025, our clients’ neighbors decided to have trees removed on their own property. They directed their tree service to remove certain trees without first surveying the property lines or talking to our clients. Unfortunately, approximately 16 small-to-medium sized trees were removed on our clients’ lot. A survey was subsequently performed which confirmed the trespass.

The property owners hired Welts, White & Fontaine, PC, to pursue the timber trespass claim. Of note, the trees were less than 200 feet from our clients’ property and served as a significant privacy barrier between our clients’ backyard and the neighbors’ house. One of the removed trees was actually on the property line between the two properties. Under Maine law, when a tree’s trunk is touching the property line, it is jointly owned by the parties and cannot be removed without permission from both. Pursuant to the Maine timber trespass statute, property owners are entitled to the replacement cost of the tree as damages when the felled tree is within 400 feet of a house.

After the survey was completed, the neighbors admitted they had made a mistake and provided their homeowners insurance information. As a result, the parties were thankfully able to avoid drawn-out and contentious litigation. The settlement of $100,000 included damages for both the replacement cost of the trees and for the statutory multiplier.