Protecting Your Land: Legal Remedies for Unauthorized Timber Removal in Virginia

As a landowner in Virginia, your property is one of your most valuable assets. Unfortunately, there are instances where individuals may trespass onto your land and remove trees or timber without your permission. If this has happened to you, it’s important to know that Virginia law provides strong legal protections and remedies to help you recover damages and hold trespassers accountable.

In this blog post, we’ll break down the key Virginia statutes that protect landowners like you and explain the steps you can take to seek justice and compensation for unauthorized timber removal.

Your Rights Under Virginia Law

Virginia law is clear: if someone encroaches on your land and cuts or removes timber without your permission, they may be held liable for damages. The law provides specific remedies to ensure you are fairly compensated for the harm caused. Here’s what you need to know:

1. Recovering Damages for Timber Cutting (§ 55.1-2835)

   
   

   If someone cuts or removes timber from your property without your consent, you have the right to recover damages. The law assumes the trespasser is at fault unless they can prove they acted “prudently and under a bona fide claim of right.” This places the burden is on the trespasser to show the court that they: (1) were not reckless or negligent (i.e. they acted prudently), and (2) they had a sincere, good faith belief that they had the right to remove the timber.

   
   

2. Determining the Value of Damages (§ 55.1-2836)

   
   

   Virginia law provides a clear process for determining the value of the damages you’ve suffered:

   (a) Within 90 days of discovering the trespass and identifying the trespasser, you can notify the trespasser and appoint an experienced timber estimator to assess the damages.

   (b) The trespasser then has 30 days to appoint their own estimator. If the two estimators cannot agree, a third, neutral estimator will be appointed to make a final decision.

   (c) If the trespasser fails to appoint an estimator or disputes the trespass claim, your estimator’s assessment will stand, and you can proceed with recovery.

   
   

   The damages you can recover include:

   
   

   (a) Three times the value of the timber on the stump.

   (b) Reforestation costs (up to $450 per acre).

   (c) Costs of determining the timber’s value.

   (d) Legal costs and reasonable attorney’s fees.

   
   

3. Taking Legal Action (§ 55.1-2837)

   
   

   If the trespasser fails to pay the assessed damages within 30 days, you have the right to take them to court to recover the amount owed. Additionally, if the trespasser disputes the claim and refuses to participate in the estimation process, you can proceed directly to court to resolve the matter.

   
   

4. Criminal Penalties for Timber Theft (§ 55.1-2838)

   
   

   In cases where the trespasser knowingly and willfully steals timber, they can be charged with larceny. If convicted, they will be required to pay restitution based on the damages calculated under § 55.1-2836. To help prove intent, Virginia law allows property boundaries marked with specific paint markings (vertical lines at least two inches wide and eight inches long, placed no more than 100 feet apart) to serve as prima facie evidence of trespass.

What Should You Do If Someone Removes Timber from Your Land?

If you discover that someone has cut or removed timber from your property without your permission, take the following steps:

1. Document the Trespass: Take photos of the area, note the date of discovery, and gather any evidence of the trespass.

2. Identify the Trespasser: If possible, determine who removed the timber.

3. Notify the Trespasser: Within 90 days of discovering the trespass, notify the trespasser in writing and appoint a timber estimator to assess the damages.

4. Seek Legal Counsel: An experienced attorney can help you navigate the legal process, ensure your rights are protected, and maximize your recovery.

How We Can Help

As a landowner, you have the right to protect your property and seek compensation for any harm caused by unauthorized timber removal. At Fidelis Law, PLC, we specialize in helping landowners like you enforce your rights under Virginia law. Whether you need assistance with assessing damages, negotiating with trespassers, or pursuing legal action, we’re here to help.

If you believe someone has trespassed on your land and removed timber, don’t wait—contact us today to schedule a consultation. Let us help you protect your property and secure the compensation you deserve.

Your land is your legacy. Let us help you defend it!