Volume 3 Issue 1
Kentucky Woodlands Magazine 1
Timber trespass is the term commonly used in
forestry circles to describe the unapproved cutting
of trees and the removal of timber. Timber trespass
includes the unintentional cutting of timber due to
boundary mistakes or disputes as well as timber theft, the
intentional stealing of timber. This article provides informa-
tion on the legal implications of both unintentional cutting
and intentional timber theft. It also provides information to
woodland owners who are planning on harvesting timber on
how to avoid unintentional trespass as well as how to help
protect woodlands from timber trespass.
The Legalities of Timber Trespass
The legalities of timber trespass can be confusing. As we
commonly define timber trespass—the unapproved cutting
of trees and removal of timber—it actually encompasses
two distinct violations of criminal law, a trespass and a
theft. The unauthorized removal of timber is also a violation
of civil law, as will be discussed in this article.
by Jeff Stringer
To simplify the discussion, let us focus on the most
common situations involved with timber and logging.
As indicated previously, knowingly moving onto
another person’s property is considered a criminal
trespass if someone knowingly crosses a fence (a
Class B misdemeanor with a maximum fine of $250
and 90 days in jail) or if they knowingly cross an
unfenced boundary in the woods (a misdemeanor
with a $100 penalty and no jail time). If the boundar-
ies are not well marked or designated in the woods, a
criminal trespass might be hard to prove. Regardless
of whether the damage was done as part of a crimi-
nal trespass or as part of unintentionally crossing a
boundary, the rightful owner of the land could be
awarded compensation for damages that occur to the
land, such as fixing roads or skid trails that were built
or damaged, costs associated with removing tops and
debris, and other costs that the landowner incurred.
Also, if timber was cut and removed, the ri