Trees cut for neighbor’s solar panel project? Explore your legal options.
Solar energy continues to be a growing energy source in New England. Between 2010 and 2023, the total solar generating power for the region jumped from just 80 megawatts in 2010 to over 7,00 megawatts in 2023, according to ISO New England. Forecasters expect solar capacity to continue to grow. Solar is being installed both in large-scale solar farms such as the 490 acre solar facility in Farmington, Maine, as well as for personal residences by vendors such as Sunrun and SunPower.
In order to allow for the optimal amount of sunlight to reach roof-mounted solar panels, solar companies sometimes offer to arrange for the cutting of trees near the customer’s house. Unfortunately, some solar companies are more concerned with making a sale than conducting due diligence about tree removal. As a result, the tree removal often occurs without anyone securing a surveyor or otherwise ensuring that the trees are actually on the customer’s property.
My office has seen a rise in complaints from homeowners whose trees have been cut down by a neighbor getting solar panels installed. As solar panel installations rise, I expect that more and more timber trespass incidents will occur around New England.
When someone’s trees are cut without permission because of a solar panel install, there are usually three potentially liable parties:
The solar company
The solar panel company is often “running the show” in these situations. They determine what trees should be cut for the best sunlight exposure, they coordinate with a local tree service, and they instruct and pay the tree service. Importantly, all of this work is usually undertaken in order to secure a “sale” to the customer purchasing or leasing the solar panels. A solar company — just like all other businesses and persons — is under a duty to use reasonable care in their activities. If they do not use reasonable care, that constitutes negligence. Addy v. Jenkins, Inc., 969 A.2d 935, 938 (Me. 2003). When a business is facilitating the removal of trees that may be near a property line, particularly when that removal is initiated for a financial benefit (i.e., closing a sale), the business should take proper precautions to ensure they do not cause harm to others. This could include commissioning a boundary survey or speaking with neighbors to get permission in writing. If a solar panel installation company fails to take those basic precautions and ends up cutting down a neighbor’s trees, they will be liable for their negligence.
2. The neighbor
The neighbor having solar panels installed has liability for timber trespass as well. Although they may prefer to let the solar company handle logistics and coordinate tree removal, ultimately the solar company is working on the neighbor’s behalf and with their permission. The neighbor has the ability to tell the solar panel not to cut trees, to take extra precautions, or to stop work altogether. Indeed, the solar customer may have signed a contract or other document attesting that they have ownership or permission to cut the trees in question.
Generally speaking, the law imposes an obligation on property owners to know the bounds of their properties. The neighbor is in a better position than the solar company or tree service to understand where their property lines are and to communicate with nearby property owners if there is any uncertainty about the ownership of a tree.
The neighbor therefore has a responsibility to exercise their own due diligence when tree cutting is going to be performed on their behalf. If a timber trespass occurs in connection with a solar panel installation, the hiring neighbor bears responsibility.
3. The tree service
The tree service, of course, is the actor which actually cut down the trees. That means they have liability for common law trespass and under the timber trespass statutes in most states. Under both the common law and statutory law, a defendant is liable for trespass even if they made an honest mistake. In other words, a property owner whose trees were cut down does not need to show that the tree service acted unreasonably or carelessly. All the property owner needs to prove is that the tree service physically came onto their land without permission. Bliss v. Boston Clear Water Co., LLC, 28 LCR 219, 226 (Mass. Land Ct. 2020) (one who “enters another's land is liable even if he acted in good faith”).
State timber trespass laws often do distinguish between “no fault” and negligent trespasses when it comes to multiplying damages. For example, in Vermont a tree cutter is subject to treble (triple) damages by default. However, if the defendant establishes they cut the trees “through mistake or under a good-faith belief that he or she had a right to cut down the trees, the injured party [is] entitled to single damages only.” Epsom v. Crandall, 220 A.3d 1247, 1258 (Vt. 2019). Maine, on the other hand, imposes double damages even when the trespasser acts “without fault.” 14 M.S.R.A. § 7552. There are many variations. The timber trespass statute in North Carolina, for instance, specifically say that if a tree cutter is liable because of incorrect information provided by the hiring property owner, the tree service is entitled to seek reimbursement from the hiring property owner — after the tree service pays damages to the injured party.
The bottom line is this: the tree service is always liable under the law, even if they seem the most “blameless” of the three potential defendants.
Conclusion
If a solar company cuts down your trees (or arranges for the cutting of your trees), you have legal remedies. The solar company itself, the hiring neighbor, and the tree service are all potentially liable for the loss of your trees. Different legal theories may apply depending on the entity being sued: trespass, negligence, vicarious liability, or violation of the state timber trespass statute.
It is important to note that a tree owner does not need to sue all three potential defendants to receive full compensation. The law in most states imposes “joint and several” liability in timber trespass cases, meaning that any one of the three defendants is 100% liable for the full amount of damages. The defendant who has to pay can then seek reimbursement (called “contribution”) from other potentially responsible parties. An experienced attorney can help you decide whether to pursue compensation from all or some of the potential defendants.
If your trees were cut down by a solar company or neighbor without your permission, you may be entitled to compensation. Contact an experienced tree lawyer today for a free consultation.
