Section 35-14-1 Generally; when owner of trees deemed owner of land; joinder actions.
Section 35-14-1
Generally; when owner of trees deemed owner of land; joinder actions.
(a) Any person who cuts down, deadens, girdles, boxes, destroys or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed or taken away by any person, he must pay to such owner the sum of $10.00.
(b) When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of subsection (a) of this section.
(c) Actions under this section may be joined with actions for trespass, for cutting, injuring or removing timber.
(Code 1867, §3202a; Code 1876, §3551; Code 1886, §3296; Code 1896, §§4137, 4138; Code 1907, §§6035, 6036; Code 1923, §§10371, 10372; Code 1940, T. 47, §§272, 273; Acts 1953, No. 753, p. 1015.)