Can I trim my neighbor's branches that hang over my yard?

Yes, West Virginia common law allows trimming up to your property line, but you cannot kill the tree or enter the neighbor's land without written permission.

What happens if someone cuts my trees without permission?

Under WV Code §61-3-48, you can recover three times the value of the trees plus costs, and the cutter may also face criminal charges under §61-3-48a.

Do these rules apply in every West Virginia city?

Yes, the timber trespass statutes are state laws that apply uniformly across all counties and municipalities in West Virginia.

West Virginia Tree Removal Law (2026)

Key Facts

Civil statute: WV Code §61-3-48
Criminal statute: WV Code §61-3-48a
Damages: Treble stumpage value
Permission required: Written authorization
Boundary trees: Co-owned, mutual consent

Source: West Virginia Legislature

Full Breakdown

West Virginia uniformly applies a timber trespass statute under §61-3-48 (civil) and §61-3-48a (criminal) that holds anyone liable to a landowner for three times the stumpage value of trees, timber, or plants cut, damaged, or carried away without written permission. The statute applies statewide regardless of municipality. Boundary trees are co-owned as tenants in common under common law, so neighbors may not cut a shared tree without consent. A landowner may trim overhanging branches up to the property line so long as trimming does not kill the tree. Criminal penalties include misdemeanor or felony charges depending on value.

Violations & Penalties

Civil treble damages plus costs and attorney fees; criminal misdemeanor or felony depending on timber value; restitution to landowner.

West Virginia Timber Trespass and Tree Removal Law

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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