Timber Litigation

Timber litigation often involves parties beyond the owner and purchaser of timber. Timber sales may involve a broker, an assignment of timber rights, loggers, haulers, the mill or pulp or pallet company. Timber claims may include cutting beyond property lines, cutting in excess of a select cut, negligent cutting resulting in damage to the property and lack of clean up of tree tops, brush and routes of ingress and egress. Advocates for property owners continue to push for stricter laws and greater protection against improper timbering. The legislature has added teeth to the law by creating a right to recover treble damages for reckless conduct in cutting trees and shrubs. Our firm has been successful in limiting such claims for tremble damage, by challenging the timeliness of the claims and persuading several courts in the State that a claim for treble damages must be asserted within one year or it will be barred.