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Forum topic by D1st posted 1194 days ago 1870 views 1 time favorited 55 replies Add to Favorites Watch
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D1st

289 posts in 1624 days


1194 days ago

Topic tags/keywords: question maple poplar milling modern

Last Nite I received a phone call from the owner of a neighboring property, asking for permission to use my property for an access road for them to drag timber thru. I kindly declined until I could see exactly what they where talking about( I dont live on the property). I met them there at noon today, only to see that they have invaded my property by 3-4 acres inside my lines. Needless to say I was livid( to put it nice). They have about 30 logs stacked on my property and the damage they caused in the path to stacking. They cut a 1/4 mile road from my back fence to their property. Now Its done- I could A. call the law and get an attorney or B. Make a deal that is to my advantage. I told them that I will take $1000 cash for access plus 2 of the timber logs, one being maple and the other poplar milled to my specs and clean up their trail off destruction on the way out. I also made them put $1000 in a third party account to cover any damages should they fail to honor their word. Al this being said- Am I wrong? I think I am being fair in this instance. What do I get the lumber milled into. I have never had any lumber milled, this is a new experience for me. Any suggestions would be appreciated.

If you look closely-There is a bulldozer in the background leaving my property because I was livid at his employer.

-- http://www.furstwoodworks.com/


55 replies so far

View dakremer's profile

dakremer

2420 posts in 1676 days


#1 posted 1194 days ago

are you kidding me?? I would have asked for more! How bold of them to use your property (without asking) then damage it…and THEN ask you permission. If it was me, I would have probably asked for more money, or more logs! haha. They are getting off easy compared to what a lawyer would/could have done to them. Not that I’m for needlessly suing people – but that was pretty uncalled for!

I remember a time my sister’s neighbor (at their vacation lake house) built a fence separating their property line. Unfortunately for the neighbors they built it 3’ over the entire property line. So my sister lost 3’ of property along the entire line. Doesnt seem like a big deal – but these neighbors were the type that most likely did this on purpose. My sister made them take the fence out and replace it on their property. She also made them fix the holes (damages) done to her property. Lawyers were almost called, but the neighbors fixed the problem before that point. She was not happy!

Anyways – hope you get some nice wood out of this! I would have asked for more! haha

-- Hey you dang woodchucks, quit chucking my wood!!!!

View Dark_Lightning's profile

Dark_Lightning

1656 posts in 1693 days


#2 posted 1194 days ago

It’s just amazing the brass cojones some people have. You have nothing in writing for compensation, and a crime has been committed. I’d talk to local law enforcement, and the win-win is they can point you to a mediation person who can bring up what you are thinking as a resolution. Let them burn the poplar, for all I’d care. Make them sort through the wood and give you all the tiger striped, quarter-sawn, whatever.

Oh, yeah…make them put the property back like it was. Did they file an environmental impact report? They could be in deep doo-doo with the Feds, all without you being wronged, except by their crime. Be sure YOU aren’t ending up in the hot seat as a result of their crime.

View swirt's profile

swirt

1935 posts in 1556 days


#3 posted 1194 days ago

I’d probably stick to the money. The timber is more of a crap shoot. The log you get may be perfect, or it may be flawed. What they value the log at may not match what you value it at. It could lead to another bone of contention down the road. Sitcking to money, makes it so that you both agree on your remuneration and they feel the sting of the penalty.

Don’t ask me what the amount should be, but I wouldn’t muddy it up by asking for money and logs..unless the logs were special to your property (granfather planted them, or you climbed them as a kid or something like that).

-- Galootish log blog, http://www.timberframe-tools.com

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Grandpa

3034 posts in 1260 days


#4 posted 1194 days ago

I had a situation where a man built a carport that was going to drain onto my rental property. The code said he had to have 5 feet from the edge of the roof to the property line. I got him shut down. Then he applied for a vairance and long story short he ended up dismantling the carport and move it about 8 feet. I did offer to sell him the entire property but he didn’t want that. He just wanted to use my property and make it difficult to sell.
I would want payment for all the trees he removed from my property and he could have them milled for me. I think 2” thick stock cracks less then you resaw it just before using it. If he has it kiln dried for you then cut it to 1 inch thick.

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dakremer

2420 posts in 1676 days


#5 posted 1194 days ago

wait were they cutting down your trees????? if that is the case…i’d DEFINITELY get the lawyers involved. Thats bullS&*%

-- Hey you dang woodchucks, quit chucking my wood!!!!

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Grandpa

3034 posts in 1260 days


#6 posted 1194 days ago

And if they aren’t cutting your trees, then they have removed immature trees that would become mature trees…...

View drewnahant's profile

drewnahant

218 posts in 1673 days


#7 posted 1194 days ago

I would insist on them giving you all of the lumber from your property, fully sawn, full repair of your land, and $1000 for the hassle. It is simply unacceptable that any tree service company, who im sure have to obey lot lines on a daily basis, would go 3 acres into your property. I hate needless lawsuits, and often wish people would put aside their conflicts and move on in situations like this, especially neighbors, but when it comes to a company completely neglecting their responsibilities like this, it has to go beyond compensation, they have to be tought a lesson.

View D1st's profile

D1st

289 posts in 1624 days


#8 posted 1194 days ago

They didnt cut my trees down at least my big timber. They just made a mess back there. The deal is for both money and milled lumber delivered. I could be greedy about this but Im not that guy. Some $ for my troubles and some wood for my projects>: ) Ive had a chance to think and as long as they put everthing else back the way it suppose to be and honor the rest of the agreement Im cool with it. He is getting the wood milled but has no kiln. I can sell it or stack and wait. Is it a year per inch on the dry time? Wanting some thick wood but will take Gpa’s idea. Thanx

-- http://www.furstwoodworks.com/

View dakremer's profile

dakremer

2420 posts in 1676 days


#9 posted 1194 days ago

i am also not one to needlessly sue someone. I think suing has gotten WAY out of hand in this country. You are taking it way better than I would have though :) :)

-- Hey you dang woodchucks, quit chucking my wood!!!!

View knotscott's profile

knotscott

5354 posts in 1960 days


#10 posted 1194 days ago

Many people, and most laws, don’t take things like property damage, exploitation of property, and trespassing lightly. It may have been a mistake to do, but wasn’t exactly an accident…you were extremely reasonable.

You should still contact your attorney to find out what other compromising positions (liabilities) this endeavor can put you in.

-- Happiness is like wetting your pants...everyone can see it, but only you can feel the warmth....

View drewnahant's profile

drewnahant

218 posts in 1673 days


#11 posted 1194 days ago

Curious, did your neighbor bring in a tree-service company who is responsible for this, or did he do it himself, becuse if it was the mistake of an individual, I could be understanding, in the woods, lot lines can be a bit confusing. but if it was a company he brought in, I find it unacceptable that they did not check county records, etc. plus, with neighbors, sometimes it is just easier to take a hit and not start a feud that you will have to deal with for year to come.

View auggy53's profile

auggy53

159 posts in 1264 days


#12 posted 1194 days ago

i dont like the idea of sueing but , you let this guy off the hook to easy he’s going to do it to someone else too . i cant believe how bold he is . maybe he needs to go to a nursery and buy trees and replace the ones he damaged with like size and shape.

-- rick

View Joe Lyddon's profile

Joe Lyddon

7595 posts in 2637 days


#13 posted 1194 days ago

Golly, from what I have seen, I would ask for a lot more than $1,000 & a couple of trees, etc.

Looks like a lot of pure property damage to me… Trees, terrain, now open to unusual erosion & flooding, etc. etc.

$10,000 easy… maybe more!

I thought everyone knew that one just does NOT take a bulldozer to a neighbors land in any way shape or form WITHOUT explicit written permission to do so.

To me, you have wronged… very much so…

That’s just me… I don’t know him, you do… You’ve seen 1st hand, I haven’t…

They broke the law… clean and simple… That is a fact. That is wrong.

IMHO…

-- Have Fun! Joe Lyddon - Alta Loma, CA USA - Home: http://www.WoodworkStuff.net ... My Small Gallery: http://www.ncwoodworker.net/pp/showgallery.php?ppuser=1389&cat=500"

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patron

12947 posts in 1925 days


#14 posted 1194 days ago

sounds like they were fine with keeping things quiet
till the bulldozer left it’s mark
and they realized they couldn’t hide that
so they asked for permission
without telling you the whole story
hoping you would just say yes
over the phone
and they could just continue
you asked for compensation
they didn’t offer it

as scott says
talk to your lawyers thoroughly
you may be a nice person
but they weren’t nice to you
don’t let them get away with this type of behavior
everyone that feels like it will be taking whatever they want
and leaving the mess for someone else to deal with

sounds like the mineral and oil companies
maybe on a smaller scale
but the same thing

-- david - only thru kindness can this world be whole . If we don't succeed we run the risk of failure. Dan Quayle

View FordMike's profile

FordMike

155 posts in 2055 days


#15 posted 1194 days ago

Y’all kind of easy goin in Tennesse, If that was Calif, we take tresspassing more serious, grand theft Timber, and logging without a Timber Plan, and EIR, and Neighbor input/comment would land some one in Jail. Settle for the best deal you can swing.

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