West Virginia Statewide Rule

West Virginia Timber Trespass and Tree Removal Law

Heavy RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Civil treble damages: W. Va. Code §61-3-48a
Criminal offense: W. Va. Code §61-3-48
Damages: Three times value taken
Permission required: Written authorization
Boundary trees: Co-owned, mutual consent

Last verified: September 5, 2026Source: West Virginia Legislature

Summary

West Virginia imposes treble (triple) damages for cutting, damaging, or carrying away trees, timber, or growing plants from another person's land without written permission, under the civil statute W. Va. Code §61-3-48a. The related criminal offense is §61-3-48.

Any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage or carry away or cause to be cut, damaged or carried away, any timber, trees, logs, posts, fruit, nuts, growing plant or product of any growing plant, shall be liable to the owner in the amount of three times the value of the timber, trees, growing plants or products thereof, which shall be in addition to and notwithstanding any other penalties by law provided.

Source: West Virginia LegislatureView official code

Full Breakdown

West Virginia's civil timber-trespass statute, W. Va. Code §61-3-48a, makes anyone who enters another's land without the owner's written permission to cut, damage, or carry away timber, trees, logs, or any growing plant liable to the owner for three times the value of what was taken, in addition to other penalties. The separate criminal statute, §61-3-48, makes unauthorized cutting or carrying away of trees or timber a crime. Boundary trees are co-owned as tenants in common under common law, so neighbors may not remove a shared tree without consent. A landowner may trim overhanging branches to the property line so long as it does not kill the tree.

Violations & Penalties

Civil liability is three times the value of the timber or plants, plus costs; the cutter may also face criminal charges under W. Va. Code §61-3-48.

Frequently Asked Questions

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

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.

Sources

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