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Logging questions


fairfarmhand
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I would be so so so ticked and depending on your area and the type of tree there could be compensation to be had. Hopefully the loggers have insurance etc. Who is responsible depends on what instructions the neighbor gave.

If it's just one little tree I didn't care about my response would be different but still ticked. Established trees would get full attention.

In almost all circumstances I would escalate and get a lawyer involved and document as much as I could immediately. They could at least let you know your best options.

(edit to to be more clear)

Edited by Moonhawk
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Just now, Moonhawk said:

I would be so so so ticked and depending on your area and the type of tree there could be compensation to be had. Hopefully the loggers have insurance etc. Who is responsible depends on what instructions the neighbor gave.

In almost all circumstances I would escalate and get a lawyer involved and document as much as I could immediately. 

Exactly what I was going to say.

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Not sure where you live, but here’s some advice about timbertheft in Wisconsin:

https://www.avvo.com/legal-guides/ugc/what-to-do-if-you-suspect-timber-trespasstimber-theft-in-wisconsin

Quote

 

Gather additional information

Usually timber theft and timber trespass occurs when an adjacent parcel is logged and a logger intentionally or accidentally crosses the property line and harvests logs belonging to a neighbor. If you are the victim, you will want to know your neighbor's name so that you can obtain a copy of the relevant timber harvest contract. These days you should be able to get a name and address of the neighboring parcel's owner and the owner's address online at your county's land information website. Don't worry too much if you can't locate the information; many attorneys know how to use property record and other databases to locate difficult-to-find people and other information.

 

 

You will probably need an attorney. :(

 

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Contact an attorney. Likely, you will have to sue the timer operator. If the neighbor gave them permission, they can sue  the neighbor. Anyone clearing trees, for profit or not, needs to be aware of property lines. 

If the timber cutter isn't a legit business (ie an uncle clearing property for a niece) then you would likely need to sue the niece since she gave him bad  information, and he believed it in good-faith.

The rules are going to be specific to your address. City, country, farm land, residential, etc will all come into play and what aesthetic, ground stabilizing/financial value they had as well. f

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If it is recent, go take a ton of photos and videos showing the damage and what ever evidence you can as well. If the trees are gone, then show the chain sawed stumps/saw dust etc. Show equipment tire tracks that cross your property and go onto theirs and link to other trees they had cut down. Basically video every little detail you can find. You will have to prove what was done and when.   Timber companies can be very difficult to fight (deep pockets) so making it super obvious is the only way to avoid a he-said she-said. 

ETA: Absolutely call the police to file a report. ESPECIALLY, before any clean up is done. They can come document what the situation is so if you need to go to court, you have their report to present to the judge. If they tell you they can't do anything, still ask them to file the report. 

Edited by Tap
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1 hour ago, Katy said:

Call the police and then an attorney,  What recourse you have is far too local to speculate.

Around here - the police WILL take an interest, especially if the land logged wasn't owned by the person who hired the loggers.  Of course, the ones that make the news are generally someone (cough- a federal judge - cough) hiring loggers to improve his view (by cutting trees in a park) . . . .  the fine ran into the hundreds of thousands of dollars.

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It would really depend on how extensive it was. If it was quite minor, I'd contact the timber company and give them a chance to make it right or show that it was the neighbor's error. Then I would give the neighbor a chance to make it right. But if it was more extensive, I'd be calling a lawyer for advice before calling anyone. And I would be taking 962 pictures ASAP. 

You definitely have recourse. Timber is big money. 

Edited by katilac
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