Frequently Asked Questions
“Conversion of Timber” is the legal term for when a person cuts, damages, or removes a tree - either on purpose or by mistake - without the property owner’s permission. 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. Georgia Tree Law can help build a strategy to bringing multiple, overlapping claims to bring you the best outcome.
What kind of damages are available for Conversion of Timber?
In Georgia, 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 a tree is enough to constitute “conversion of timber” (see definition above). The tree(s) 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 must appraise the value of the harmed trees. 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 values.
What if a neighbor’s tree fell on my home or car, or injured me?
While is a complicated situation and legal action varies on a case by case basis, in general, if an otherwise healthy tree is brought down by natural forces (e.g. a storm), the tree owner 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 located on property lines 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.
How can we help you?
Our firm represents all types of clients throughout Georgia. Contact us today for a free consultation about your case.