What Is Timber Trespass? RCW 64.12.030 Explained

📊 RCW 64.12.030: Timber Trespass Damages

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Under Washington law (RCW 64.12.030), harming or destroying a boundary tree can come with treble damages—meaning you’ll owe three times the tree’s monetary value plus any associated emotional distress. While smaller ornamental trees might only be worth a few thousand dollars, mature tree—particularly species like black walnut, white oak, or Douglas fir—are regularly appraised at tens of thousands, and in rare cases, even upwards of six figures. When treble damages are applied, it’s easy to see how liabilities can quickly escalate—turning what might seem a harmless mistake into a $300,000+ financial exposure under the law. This chart illustrates how rapidly costs can multiply—a powerful incentive to avoid even accidental trespass.

What Counts as a Boundary Tree Under WA Law?

🪴Identifying a Boundary Tree

Not every tree near your fence line is a “boundary tree”—only those whose trunk lies on or over the property line qualify. Use the flowchart to make a quick self-assessment:

  • If the trunk crosses the line, it’s owed shared ownership status under law.
  • Once confirmed, you must obtain signed agreement from all co-owners before trimming, removing, or touching the root zone.
    If the trunk remains on your property, standard pruning rules apply—but you’re not dealing with boundary tree regulations.


Strict Liability & Treble Damages

💡What You Can Do vs. What’s a Trespass

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Washington’s laws allow routine tree care, like trimming overhanging branches up to the property line, and removing dead limbs if it doesn’t threaten the tree’s health.

However, actions that girdle, cut, uproot, or poison a boundary tree—without co-owner consent—are strictly prohibited and fall under timber trespass, triggering treble-damages penalties.

This table clearly contrasts legal vs. illegal treatments to help you avoid costly mistakes.

✅ What You're Allowed to Do (Legal)

  • Trim overhanging branches up to your property line (must not harm tree doing so)
  • Remove dead limbs that don’t harm the overall health of the tree
  • Obtain written permission (like a signed agreement) before any removal or extensive trimming

🚫 What You Must Avoid (Illegal & Risky)

  • Girdling, cutting down, or poisoning a boundary or shared tree
  • Removing or uprooting the trunk or roots of a tree that straddles or affects both properties
  • Proceeding without your neighbor’s written consent if there's any risk of harm or damage


🧭📏When trees appear near your property line, it’s important to understand who owns what—and what that means legally. Your trees, rooted fully on your land, are entirely under your control (within local regulations); your neighbor’s trees, while they may overhang into your yard, legally belong to them, and pruning must be done with care and adherence to boundary rules; and boundary (shared) trees, whose trunks or roots straddle the line, are joint assets—and under Washington’s timber trespass statute, harming them without written consent can trigger serious consequences like treble damages. This three-card section helps make these distinctions clear, so you can act confidently and responsibly.

You have the right—but not unlimited rights.

If a tree is fully located on your property (trunk and root system included), you are the legal owner and are responsible for its care, maintenance, and liability. This means:


You can trim, prune, or remove the tree (subject to local regulations and permit requirements).

  • You are liable if your tree causes damage due to neglect (e.g., if a dead limb falls on a neighbor’s property)
  • You must follow municipal laws, especially if the tree is in a protected zone or near utility easements.
  • Cutting your own tree does not constitute timber trespass, but be cautious of root systems or overhanging branches impacting neighboring land.

Failing to maintain your tree could result in neighbor disputes or lawsuits if damage occurs.

Hands off—without permission.

If a tree is wholly located on your neighbor’s property, it is not yours to touch—even if branches hang over your side of the fence. In this case:

  • You may trim only the portion overhanging your property, and only up to the property line.
  • You must not damage the health or stability of the tree while trimming.
  • Entering your neighbor’s property to cut or remove the tree without permission is considered timber trespass under Washington State law (RCW 64.12.030).
  • Penalties include triple damages, attorney fees, and civil liability.

Even if a tree causes you inconvenience, you must respect ownership boundaries to avoid legal trouble.

“Boundary Tree” Shared ownership = shared responsibility.


A boundary tree is a tree straddling a property line owned by cotenants—supported by legal context:


WA recognizes that a boundary tree is “common property,” and harming it without consent is timber trespass under RCW 64.12.030.


Strict Liability - Washington treats timber trespass as strict liability, meaning intent isn’t required—just that the injury occurred .


Highlight Treble Damages

Anyone who injures a boundary tree faces triple damages—including emotional distress—unless they can prove mitigating factors.


Landmark Cases

Summarize Pendergrast v. Matichuk (strict liability clarified), 

Happy Bunch LLC v. Grandview North (boundary trees treated as common property), 

RCW 64.12.030 outcomes

Resources for Further Reading on Washington State Tree Laws

The Law Book and Scales of Justice emblem

For those looking to delve deeper into the legal aspects of tree laws in Washington State, here are some valuable resources:


⚖️ Washington State Tree Law Overview

 

Washington State Timber Trespass Statute: Understand the penalties for unlawfully cutting or damaging trees with RCW 64.12.030. This statute outlines the legal framework and consequences for timber trespass. Read the RCW on Washington State Legislature’s Website


Case Study: Herring v. Pelayo Learn how Washington’s timber trespass laws are applied in real-life scenarios. This case highlights legal disputes arising from unauthorized tree removal and boundary tree conflicts. Explore the Case Analysis on Tree and Neighbor Law Blog


Legal Insights on Timber Trespass: Gain a deeper understanding of timber trespass liability and its implications for property owners through this detailed analysis. Visit Gillett Law Firm’s Blog


These resources provide comprehensive insights into the legal considerations surrounding trees and property in Washington State, helping you stay informed and protected.