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HomeCivil CodeDiv. 4Pt. 1Ch. 2Art. 3§ 3346 Timber Trespass Damage Penalties

§ 3346 Timber Trespass Damage Penalties

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3346 Timber Trespass Damage Penalties

Key Takeaways

  • •If you cut down or damage someone else's trees on purpose, you pay 3 times the cost of the damage.
  • •If you did it by mistake or thought the land was yours, you pay 2 times the cost of the damage.
  • •If the trees were taken for fixing a road or bridge, you only pay the actual cost of the damage.
  • •You have 5 years to sue someone for damaging your trees.

Example

If your neighbor cuts down your tree to build a fence, thinking it was on their property.

If they thought the tree was theirs, they pay twice the cost of the tree. If they knew it was yours and did it anyway, they pay three times the cost.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3346 Timber Trespass Damage Penalties

(a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in any action brought under this section had probable cause to believe that the land on which the trespass was committed was his own or the land of the person in whose service or by whose direction the act was done, the measure of damages shall be twice the sum as would compensate for the actual detriment, and excepting further that where the wood was taken by the authority of highway officers for the purpose of repairing a public highway or bridge upon the land or adjoining it, in which case judgment shall only be given in a sum equal to the actual detriment. (b) The measure of damages to be assessed against a defendant for any trespass committed while acting in reliance upon a survey of boundary lines which improperly fixes the location of a boundary line, shall be the actual detriment incurred if both of the following conditions exist: (1) The trespass was committed by a defendant who either himself procured, or whose principal, lessor, or immediate predecessor in title procured the survey to be made; and (2) The survey was made by a person licensed under the laws of this State to practice land surveying. (c) Any action for the damages specified by subdivisions (a) and (b) of this section must be commenced within five years from the date of the trespass. (Repealed and added by Stats. 1957, Ch. 2346.)

Last verified: January 21, 2026

Key Terms

detrimentjudgmentownershipdamageshighwaytrespasslicensedefendant

Related Statutes

  • § 1692 Rescission Relief Claims
  • § 1861.19 Property Redelivery After Levy
  • § 1940.5 Waterbed Rental Protection Rules
  • § 3344.1 Deceased Personality Commercial Use
  • § 3344.6 Candidate Advertising Violation Claims

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3346.
View Official Source