Maine Tree Law: What Happens When a Neighbor Cuts Down Your Trees Without Permission?
Tree disputes between neighbors are more common than many people realize. A neighbor may hire a tree service to clear trees from their own yard, only for the crew to accidentally cross the property line. Oftentimes, a neighbor may direct the removal of trees near a shared boundary without first confirming where the line actually is. Under Maine law, the unauthorized cutting of another person’s trees can give rise to a liability for negligence, trespass, and pursuant to the Maine timber trespass statute.
Maine’s timber trespass act, 14 M.R.S. § 7552, prohibits a person from cutting down, destroying, damaging, or carrying away trees from land that is not their own without permission. The statute provides various damages and remedies to victims of timber trespasses.
The amount of damages available under the statute depends heavily on the facts. Maine law allows the victimized property owner to choose between several different measures of damages, including the market value of the trees, the reduction in value to the real estate, statutory forfeiture amounts, and — importantly for residential properties — replacement and restoration costs in certain circumstances. For lost trees located within 400 feet of a dwelling, the owner may claim the cost of replacing, replanting, and restoring the trees with comparable trees, along with cleanup costs caused by the cutting.
Maine law also contains a significant damages multiplier. If the cutting was negligent or even “without fault,” the court must award double damages. If the cutting was intentional or knowing, the owner may recover triple damages. The Maine Law Court has held that, upon a finding of negligence, section 7552 requires a court to award double damages. Woodworth v. Gaddis, 58 A.3d 1109 (Me. 2012)
These rules matter in real cases. In one recent Maine matter handled by Welts, White & Fontaine, PC, neighbors hired a tree service to remove trees from their own property but did not first survey the property line or speak with the adjoining owners. Approximately 16 small-to-medium sized trees were removed from the clients’ lot. The trees were less than 200 feet from the clients’ home and served as a significant privacy barrier between the two properties. After a survey confirmed the trespass, the neighbors admitted the mistake and provided their homeowners insurance information. The case resolved before suit for $100,000, including both replacement-cost damages and the statutory multiplier.
Maine law also recognizes an important distinction between trees located entirely on one property and trees that touch the boundary line. A property owner generally has the right to trim branches or roots that encroach onto their own land, even if that trimming affects the health of a non-boundary tree. Atkins v. Adams, 2023 ME 59 (2023). But when a tree’s trunk touches the property line, the legal analysis changes. It is “a well-established rule that a tree standing on the division line between adjoining proprietors, so that the line passes through the trunk or body of the tree above the surface of the soil, is the common property of both proprietors as tenants in common.” Brokos v. Roussel, 1992 Me. Super. LEXIS 290, at *3-4 (Me. Super. Ct. 1992). Thus, “[i]f one adjoining owner removes or destroys a tree or a plant standing on the boundary line without consent of the other, the latter may maintain an action for damages.” Id.
For homeowners, the practical takeaway is simple: if a neighbor cuts down your trees without permission, the claim may be worth far more than the firewood or lumber value of the trees. Privacy, screening, aesthetics, restoration cost, cleanup cost, and statutory multipliers can all affect the value of a Maine timber trespass claim. Because these cases often turn on surveys, arborist opinions, insurance coverage, and Maine’s specific damages statute, it is important to investigate the claim promptly before evidence is lost and consult with an experienced timber trespass attorney as soon as possible.
