The Tree On The Line
RPAPL § 861 — treble the stumpage value, or two hundred fifty dollars per tree, and restoring the land
In New York, a person who, without the owner's consent, cuts, removes, injures or destroys a tree or timber on another's land is liable for treble the stumpage value of the tree or timber or two hundred fifty dollars per tree, or both, and for any permanent and substantial damage to the land.
Good faith lowers it. If the defendant proves by clear and convincing evidence that they had cause to believe the land was their own, or had an easement or a legal right to harvest, the liability is the stumpage value or two hundred fifty dollars per tree, or both, plus reasonable costs of the action.
What stumpage value means. The current fair market value of a tree as it stands before sale, cutting or removal, set by an arm's length sale price, bids, the state's stumpage price report, or comparable sales.
Trimming branches that hang over a line, and who owns a tree on the line itself, come from New York court decisions this page does not quote. Whether a particular cutting was without authority, and what it was worth, are questions for a licensed New York attorney.
Sources for this section (1)
- RPAPL § 861 — Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.