Source: NCSU COOPERATIVE EXTENSION, 3/5/21


A recent opinion by the NC Court of Appeals addresses the value of ornamental trees and shrubs (“ornamentals”) removed by an easement or right of way holder. The case  – King v. Duke Energy Progress, 2021-NCCOA-17 – concerned a right of way held by Duke Energy Progress (“DEP”) and its maintenance efforts to keep the power line easement clear by removing trees not within the easement boundary. The case illustrates application of NC’s timber trespass statute to ornamental tree removal. The case addresses a not-uncommon occurrence whereby  – when in doubt during routine easement maintenance  – an easement holder (often a utility or their contractor) may cross the easement boundary and cut trees outside the easement. The case stands for the proposition that aesthetic value may be considered in remedial damage calculations for timber trespass on real property held for personal use.

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