Title 51, Chapter 12, Section 51
( 51-12-51)
(a) Every person, firm, or corporation who, without the written
consent of the person holding legal title to land or to an interest
in land as security for debt, as shown by the public records of the
county where such land is located, buys, sells, cuts, removes,
holds, disposes of, changes the form of, or otherwise converts to
the use of himself, itself, or another any trees growing or grown on
such land shall be liable to the holder of the legal title for such
trees, in any form, bought, sold, cut, removed, held, disposed of,
changed in form, or otherwise converted by him or it, or for the
value of such trees, provided that recovery may not be for more than
the unpaid portion of the secured indebtedness, interest thereon,
and a reasonable attorney's fee. Recovery may be had by action at
law from one who purchases, without the consent of the holder of the
legal title, such interest in the trees, mineral or other rights, or
interest in the encumbered real estate, either jointly or severally,
with the holder of the equitable title. (b) The equitable owner of the land shall be allowed to use the
timber for his own use, such as for firewood or other necessary uses
of timber in and around his farm. |