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Temporary Easement?

Started by Goose79, May 17, 2005, 12:01:40 PM

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Goose79

How do you guys handle getting logs out of a tract of timber when the only access is by the neighbors farm field? 


beenthere

Better be real nice to the neighbor, somehow.  If not on good terms, probably won't work very well.
Operating when the field is 'out' of season may help a lot.

Asking ahead of time is a good idea, but begging for forgiveness after the fact is often times the norm. 
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

Jeff

You will have to find a way to make it worth their while. Farmers are well attuned to the fact that they make their money from their soil.  Not many are going to be receptive to someone else using it to make money without them getting some sort of compensation. Making sure that you return the land to its found condition will certainly be top priority to them as well.

I would think that a lease arragnement would be in order, just as if you were going to be planting crops on it or leasing it for hunting. Approaching the farmer in a manner other then a request for free access may end up being your best and most economical route.
Just call me the midget doctor.
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Commercial circle sawmill sawyer in a past life for 25yrs.
Ezekiel 22:30

Sawyerfortyish

Offer him a few bucks for the use of it and make sure you talk about cleaning up the field grading any ruts and maybe reseed the part you used. If the field has not been turned or seeded in a while he will probably go for it just make it worth it for him and the biggest thing do what you say your going to do when you leave.
 I have done this and have been invited back to cut more trees on the property the landing was. The neighbors land I cut on was land locked by a river on one side and the guy I had a landing on on annother side. He wanted me to leave all skid roads open and I had to build and leave two bridges over small brooks. This guy I had the landing on has a large tract of land with a lot of hemlock that was dying. So he invites me back every couple years to cut dying hemlock and I usally cut some oak and maple to make it worthwile.

Ron Wenrich

I would offer him some bucks to cross the land, and only use the edges of the field.  I would watch weather conditions, so that you aren't causing a great deal of soil compaction.  That could put the production out for several years.  A load or two of firewood would probably help.

If the neighbors are feuding, then you might have an uphill battle. 

Usually the seller of the timber has to get the access at his expense.  The timber should be sold with good title and acceptable access. 

Of course, there's always helicopter logging. 
Never under estimate the power of stupid people in large groups.

Ron Scott

Farmers are very particular with their fields, especially if they are producing crops so "thread lightly".

Having a good relationship with the neighboring farmer is always best, but even then do that "little bit extra" and keep your word.

We are very particular with any farmer's fields we use, even if they're the owner of the timber we are harvesting. The performance standards applying to the field use are spelled out in the timber buyer's contract and monitored closly. I've seen farmers stop a proposed timber sale due to the previous loggers damaging their fields or not returning to repair the damage.

Our practice is as follows:

1)Even if there is a good friendship, there is still at least a written letter of permission for the intended use.
2) If the farmer prefers compensation, we usually get a temporary written easement and also may post a bond for the road. Easements may run from $1,000 - 3,000.00 depending upon distance and area of use.
3) Check the soil and stay on dry gound. Use only the road width needed for the access including any turnarounds, and be sure that any "hot rod, cutters, truckers etc"get the word on what that width is. Don't let them run outside of it.
4) Stay near the edge of the field as close as possible as previously stated. The farmer wants ever "good acre" he can use.
5) Don't fall trees out into the field, nor leave tops or slash in the field. Clean up any bark. Farmers don't like woody debris jamming their discs etc. Clean the field edges concurrently with cutting.
6) Keep the access route graded and fill any "blow- outs".
7) Leave or deliver some firewood to the farmer at a spot of his chosing.

Ask the farmer if everything is ok when the sale is closed out, if not "fix it".

Remember if the farmer has the only access to your timber, you might want to use it again for your next harvest so treat them well.  smiley_guitarist

~Ron

Frank_Pender

I concur with all 7 in the list provided by Ron.   The better the taste left in a neghbors mouth, the better tasting his next meal. ;D
Frank Pender

woodmills1

you might want to check your state laws, here in NH there is a law that defines what land owners must allow and what those removing the timber are responsible for.
James Mills,Lovely wife,collect old tools,vacuuming fool,36 bdft/hr,oak paper cutter,ebonic yooper rapper nauga seller, Blue Ox? its not fast, 2 cat family, LT70,edger, 375 bd ft/hr, we like Bob,free heat,no oil 12 years,big splitter, baked stuffed lobster, still cuttin the logs dere IAM

Kirk_Allen

Hey Goose, Welcome to the Forums! 

Where in Illinois are you located?

Coming from a farming background I can tell you around hear the BEST way to gain access is to have the owner of the Timber contact the Farmer and make all the arrangements and have him get it in writing so the logger has documented aproval to tread on the farmers land.

The only way to my Aunts woods is through our field.  If a logger wanted to harvest those woods there would be no problem provided no crop damage is done, thus the best time is when crops our out of the ground.  Otherwise the person damaging them should pay for them. Even though its our Aunt, we would not stop someone from harvesting the timber provided we KNEW are land would be taken care of.  That is why LOTS of folks around here do there logging in the winter.  Kind of hard to hurt a frozen field. 

Engineer

Have to second Kirk's thoughts.  The best time to harvest is January through March.  That's when the fields are frozen and you can't do a lot of damage.  If the farmer is reluctant to allow logging now, agree to wait until winter.  The trees are best to log then anyway - no leaves and no sap running.  It is rare to see a loggin operation around here in summertime - just too messy, and you gotta drag the logs through dirt and crud. 

Ron Wenrich

No logging in the summer?  That's one of our best times, especially if its dry.  A lot of areas that would be wet in the spring or fall are dry in the summer. 

Mills have to do a better job of log inventory control.  You can ruin a lot of logs by letting them lay too long.  It takes longer to cut, and there is more degrade.  But, fresh cut logs mill good.  You just have to take extra measures to protect the lumber.
Never under estimate the power of stupid people in large groups.

jrdwyer

If you are in southern IL, then summertime logging on bottomland sites may be the only option other than early Fall. The drier the ground, the less the compaction damage from trucks and skidders. So, even though you might have to pay for some crop damage, in the end it will usually be better for the neighbor's field and possibly cheaper overall. It can cost quite a bit to do sub-soiling on compacted crop fields.

Engineer

I had pine pulled off my land for my house frame last summer, and EVERY CRACK in that bark was right full of sand and grit.    The big mills don't mind it too much, as they have big rotary debarkers, but for the bandsaw operator with a chainsaw mounted debarker, it stinks.   :(  Most logging outfits around here are cranking production December through April, the snow makes it easy to skid and the leaves are off.   In summer they all drive dump trucks or run backhoes.

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