Code of Virginia

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Code of Virginia
Title 55.1. Property and Conveyances
Chapter 28. Trespasses; Fences

§ 55.1-2835. Damages recoverable for timber cutting.

If any person, firm, or corporation encroaches and cuts timber, except when acting prudently and under bona fide claim of right, the owner of such timber shall, in addition to all other remedies afforded by law, have the benefit of a right to, and a summary remedy for recovery of, damages in an amount as specified in this article and recovered as provided for in this article.

If the trespass is proven, the defendant shall have the burden of proving that he acted prudently and under a bona fide claim of right.

Code 1950, § 8-906; 1952, c. 658; 1968, c. 251; 1977, c. 624, § 55-331; 1993, c. 580; 2004, cc. 604, 615; 2019, c. 712.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.