Liability For Improper Tree Or Shrub Removal

I’ve written about boundary line disputes and the issues that can arise in such situations. I’ve also discussed your legal rights when a neighbor’s tree is encroaching on your property. There’s also a potential combination of those two problems — Tree or shrub removal that crosses property lines without authorization. In that situation, the person doing the removal may find themselves facing liability.

First, it’s important to understand that a landowner cannot enter another landowner’s property without permission. That’s trespassing. That includes unauthorized entry onto someone else’s land for the purpose of removing trees or vegetation. Under no circumstances is that legal. Not only will there be liability for trespassing, but a property destruction claim will also exist for the damage to or removal of trees or vegetation.

It follows that an initial topic in these disputes is sometimes the location of the property boundary. Since the issue is whether someone else’s land was entered and someone else’s trees or shrubs were damaged or removed, the suing party occasionally has to first prove the property line’s location. That frequently requires a survey, although other boundary lines may have been established through the theories of adverse possession or boundary by acquiescence.

If a trespass and unauthorized damage to or removal of trees or shrubs is proved, the suing property owner has the ability to cover different types of money damages depending upon the case. First, if the trees served a special purpose, such as a windbreak, shade, or ornamental use, the damages are measured by the difference between the value of the realty before and after the destruction of the trees. Second, if the trees served no special use, the measure of damages is the commercial market value of the trees as lumber or other wood products. Third, if the trees can be replaced, the damages may be measured by the replacement costs. Aesthetic considerations can also be a component of the damages in these cases.

Proving damages because of the loss of or damage to trees or shrubs is a step that plaintiffs in these cases often overlook or gloss over. It’s not uncommon for a court or jury to find a defendant liable in this situation but then struggle or refuse to award all of the damages the plaintiff claims. Plaintiffs in these cases need more than their testimony to establish damages, unless they have a background in land valuation, landscaping, or nursery sales. If not, one or more of those types of witnesses will likely be necessary to fully prove damages.

Iowa allows also allows for extra damages for tree or shrub removal under limited circumstances. Iowa Code 658.4 states that treble (triple) damages are available “[f]or willfully injuring any timber, tree, or shrub on the land of another . . . the perpetrator shall pay treble damages at the suit of any person entitled to protect or enjoy the property.” The word “willfully” in this statute falls on the spectrum of mental elements somewhere between accidental and malicious. It also means “without reasonable excuse.” To receive treble damages, a plaintiff must prove that the defendant acted intentionally and deliberately without regard to the rights of others. Whether a defendant acted “willfully” in damaging or removing someone else’s trees or shrubs is a fact-intensive question that’ll vary from case to case.