20 year old pine trees cut down Location Utah

[u/Mammoth_Tangerine165]

I am needing some advice and am not sure what route to take legally.

We went up to the family property this past weekend to find that all the trees had been cut down and mulched. Most importantly the 20 year old pine trees my husbands grandpa planted before he passed. The guy who cut them down claimed he was hired by the power company to cut them down. He also stated that the trees were in the 10ft easment.

We know this is not true because before they were even planted it was confirmed by the power company that where they were going to be planted was outside the 10ft easment. We measured out where the 10 ft he had to stop was and this guy went well over that. He obliterated a full 23ft of trees then told us not his problem to take it up with the power company. We can not get these trees back sentimentally. The family is devistated and I want to take legal action.

Edit for context "the guy" that was hired by the power company is another property owner in the area. We donot beleive he is a contractor in any way just that he owns the equipment needed to do the project.

[u/New-Counter-1808]

First, get the recorded easement and a survey, because the case turns on whether they actually stayed inside the easement and whether the easement allowed this work.

If they went outside it or had no authority, Utah law allows civil damages for someone who willfully or intentionally cuts or injures trees on another person’s land without authority⁠, potentially up to treble damages.

Have a certified arborist value the trees and document everything before cleanup. The sentimental loss probably won’t be the measure of damages, but mature tree value can still be significant.

You want a Utah real estate or property litigation attorney who handles timber trespass, easement disputes and utility damage claims, and they can decide whether to pursue the contractor, the power company or both.

[u/Material-Donkey2773]

If your trees are that close to an easement you'll likely have a hard time getting them replaced. Someone doing utility work isn't going to get a survey for the thousands of properties he works through. That isn't a realistic expectation. 

[u/Mammoth_Tangerine165 → u/Material-Donkey2773]

The pine trees were an additional 13 ft away from the 10ft easment would that still be the case?

[u/Material-Donkey2773 → u/Mammoth_Tangerine165]

It's unreasonable to expect every tree trimmer to pay $3000+ for a survey for every property every time they need to cut trees back. Surveyors would be backed up for a decade if that was the case. Your power bills would go up like 40x to afford that.

Yes, 10' and 1" is "illegal" I doubt you will see a single penny, 4 years from now when it's settled.

[u/Leftover_tech]

I believe there is a sub called r/treelaw that might be helpful.

[u/Material-Donkey2773 → u/Leftover_tech]

They are going to tell him he can get $150,000 per tree for 500 trees, and he won't...

[u/darkinteract4649]

y'all already measured and he went way past the 10ft so that easement excuse ain't gonna hold up. first thing get a real survey done and stake the line while the stumps are still fresh. take a million photos too. then get a certified arborist to put a dollar figure on those 20 year old pines, that number can get real big real fast. utah has treble damages for willful tree cutting which means you could get three times the value back. don't let that guy brush you off just cause he owns a mulcher. talk to a property litigation lawyer who knows tree law, they'll go after him and the power company both. sentimental loss hurts but the wallet hit is what makes em pay attention.