I inadvertently cut some trees on my neighbor’s property and now she wants me to pay her twice the value of the timber I cut. Can she do that?

Yes she can!

The penalties for illegal timber cutting in Maine are very severe. Even if you negligently or without fault cut down trees on somebody else’s land without permission, you could be liable for twice the owner’s damages.

The owner’s damages may be the reduction in value of their property or it may be the value of the timber itself. The value of the timber is determined by the diameter of the tree at 4 1/2 feet.

If the cutting was done negligently or without fault, you could be liable for twice the owner’s damages.

If the cutting was done intentionally or knowingly, then you could be liable to the owner for three times the owner’s damages.

In addition you could be ordered to reimburse the owner the costs of a professional forester and the costs of defending the owner against any land use violation brought by the government.

When you cut on someone else’s property, you can also be charged by the state with a civil violation and be ordered to pay a forfeiture to the state, in addition to civil damages you may be ordered to pay to the owner. The state does not have to prove that you knew you were cutting on someone else’s land or that you did not have permission.

Even if you didn’t personally cut the trees but someone else did it for you, you may be liable.

So, when cutting trees, make sure you are cutting on your own land or that you are cutting on someone else’s land with permission!

It’s the law!