Conversion of Timber Claims
“Conversion of Timber” is the legal term for when a person cuts, damages, or removes a tree without the permission of the property owner. This can be on purpose or by mistake. Conversion of Timber is unlawful and is a basis to file a lawsuit.
What is conversion of timber?
What other legal options are available to property owners whose trees have been cut or damaged?
Your other legal options include claims for trespass, common law conversion, property damage, and negligence. If the person who damaged or removed your trees was a contractor, claims for breach of contract could also arise. There is a strategy to bringing multiple, overlapping claims that you will want to discuss with an attorney.
What kind of damages are available for Conversion of Timber?
In Georgia there is a specific law, O.C.G.A. 51-12-50, that addresses damages for Conversion of Timber. A property owner is entitled to compensation of three times the value of the trees that were harmed, the cost of restoring the land, and attorney fees. Punitive damages may also be awarded. The specific types and amounts of damages available to you will depend on the particular facts of your case.
Does the tree have to be completely cut down before I can take action?
No, in Georgia the act of cutting or damaging any part of the tree is sufficient to constitute conversion of timber. The trees do not have to be completely cut down and removed from the property.
How do you determine the value of the lost trees?
A professional arborist will provide an appraisal of the value of the trees that were harmed. If only a few trees were harmed the arborist will determine the value of each tree individually. If a large number of trees were lost the arborist will provide an estimate based on the average value of all the trees on the land.
How much can a single tree be worth?
The value of a single tree can vary widely, but as an example, a large, mature oak tree in a residential neighborhood can be worth over $20,000. Typically older, larger, hardwood trees have the highest value.
What if a neighbor’s tree fell on my home or car, or injured me?
This is a complicated situation. In general, if an otherwise healthy tree is brought down by natural forces, such as a storm, the owner of the tree is not responsible for damage caused by the falling tree. But if the tree was dead, diseased, or presented a hazard then the tree owner may be liable for damage caused by the falling tree. These are fact specific situations that should be discussed with an attorney.
What if the tree was on the property line, or the tree overhung the property line?
These situations are more complicated. Trees that are on the property line are called, “boundary trees” and are owned by both landowners. If the trunk of a tree is on one person’s property but its branches overhang another persons property the tree branches can usually be cut back only to the property line, but the entire tree cannot be removed. These are fact specific situations that should be discussed with an attorney.