Timber Trespass in Michigan

Author note: I unfortunately no longer take timber trespass cases. This page is for information only.

Northern Michigan has always had very valuable timber resources.  Michigan has long had a statute which penalizes the taking of timber, commonly known as the timber trespass statute.  The text can be found here.

Timber trespasses happen with some frequency.  Sometimes they occur due to unscrupulous cutters, and sometimes they are honest mistakes in areas where lot lines are not well known or there is a genuine misunderstanding over the scope of trees allowed to be taken under a timber contract. 

When a dispute arises, there are generally two concerns.  The first is the amount and type of trees taken.  Usually a professional forester is retained to walk the site, inspect the stumps, and document the number, species, and size of trees taken.  The second concern is damages, in two parts.  If you read the statute, it is promising to the landowner—the person who takes the trees is liable for treble damages.  However, long-standing case law interprets the statute to impose treble damages only where the taking was intentional, meaning the logger knew that the trees were not to be taken and did so anyway.  An honest mistake will not lead to treble damages. 

The second component of damage is the worth of the trees taken.  There is no exact measurement for the court to use.  However, there are general guidelines.  For trees in rural areas, the general value is the “stump value”, meaning the commercial value of the timber as it is cut in the field.  For trees in less rural areas, aesthetic or landscaping replacement values might apply.  These are only general guidelines, so the real dispute in a timber trespass case often concerns the value of the trees.