Trees, Fences And Trespass
Idaho Code § 6-202 — $500 or actual damages for a civil trespass, and treble damages where the harm tops $1,000
Anyone who enters or remains on another person's real property without permission commits a civil trespass. A landowner may revoke permission at any time, for any reason, orally, in writing or by any notice reasonably apparent.
- Cutting, carrying off or girdling another's trees or timber.
- Digging or carrying away earth, soil or stone.
- Tearing down a fence, or leaving another's gate open.
- Dumping trash on another's property.
$500 or actual damages. A civil trespasser owes the greater of $500 or the actual damages, with reasonable attorney's fees and investigation costs if the owner wins.
Treble past $1,000. Where the trespasser knew or had reason to know entry was not allowed and caused more than $1,000 in damage, the owner recovers treble the actual damages. Land near a home or business, cultivated land and fenced land give that reason to know.
Ditch and canal easement holders, railroads and aircraft owe only actual damages. A particular boundary is a question for a surveyor or a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 6-202 — Actions for civil trespass
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.