Illegal timber harvest off property

Nicholasatchley · March 30, 2016, 04:31:52 PM

Timber Company cut 38 fir trees off personal property located in Washington State.

Chuck White · March 30, 2016, 04:52:06 PM

Welcome to the Forestry Forum, Nicholastatchley!

Was the cut on the property line?

I've heard of that happening!

pine · March 30, 2016, 06:31:09 PM

Welcome to the forum.
Whereabouts are you located?
Is there a survey of the property lines?
Have you talked to the foreman of the timber company or the landowner of the property that was being logged?

If they did indeed cut your timber there are some pretty stiff penalties that can be exercised.
Also talk to the DNR rep for your region.

Magicman · March 30, 2016, 07:12:23 PM

Welcome to the Forestry Forum, Nicholasatchley. I had a few property line trees marked and cut by the adjoining landowner's timber sale. I carried the forester to the location who measured, estimated, and paid me for the trees. It was a simple mistake.

clearcut · March 30, 2016, 07:32:07 PM

Welcome to the Forestry Forum, now take a deep breath. I suspect you are upset, and this is a time to be calm and collected. Many trespass situations are unintentional often because of poorly delineated boundaries. Reputable firms will work with you to make it right.

State law and legal precedent dictate timber trespass and the amount you may be entitled to recover. The trees are gone and you can only expect financial compensation, and possibly site mitigation.

A first step is to hire a local forester familiar with timber trespass. The forester will measure the stumps and tops and estimate a volume and value to the timber that was harvested. This is your starting point for negotiations. Intentional timber trespass often provides for triple damages. Unintentional trespass may provide for single or double value, plus investigative costs (forester's fee). The forester may be able to negotiate with the trespasser on your behalf.

Document everything! Photos and GPS locations of each stump, your clearly marked boundary, every conversation that you have with any of the parties involved, person(s), time, date, and substance of the conversation. Take notes.

I found this article from a Washington attorney who believes that you may be able to recover triple damages and investigative fees, but not attorney fees due to the manner the law is structured.

http://www.washingtonpropertylawyer.com/timber-trespass/

This suggests to me that you will be best off by carefully documenting your damages, and negotiating rather than litigating for recovery. Be reasonable and use this as an opportunity to develop a relationship with the timber company (your neighbor) and the logger. If those trees were ready for harvest, maybe it's time for you to consider managing your timber.

Best of luck and let us know how it work out.

Texas Ranger · March 30, 2016, 07:57:04 PM

file a complaint with local law enforcement, first step for an amicable settlement.

Dobie · March 30, 2016, 09:56:48 PM

It is my understanding that if it can be determined that the timber trespass was intentional, triple damages will be awarded. You will need to get a forester who will measure the stumps and determine the footage and value of the trees.

If this was a simple mistake cause by poor boundary markings, I would strongly urge you to talk with the logging company to come up with a equitable solution. You might be angry and want to punish the offenders but it will be a lot of time, effort and money to get there.

sawguy21 · March 30, 2016, 10:11:00 PM

Are we correct assuming this was on your property? Are the boundaries clearly marked? Can you give us a few more details? Thirty eight trees seems a lot for an unintentional trespass.

RCBS · March 31, 2016, 09:52:24 AM

Good luck and be prepared to lay out some cash for attorney. Pay them cash rather than a piece of the settlement. My father's 200 acres has been timber trespassed twice in my lifetime. Once along a boundary when I was 10 and more recently about 80 trees over 20 acres or so. Reached settlement with logger on first incident. Was awarded treble damages on the more recent incident. Adjoining landowner marked boundaries wrong before harvest. Logger paid legal fees and landowner paid damages....well...there is a lien on his house anyways.

Stay calm. Report to local Sheriff. They won't want to touch it unless the loggers are on your property currently. At least have them file a report. Take lots of pictures & video. Give good narration on video of boundaries, skid trails and where the trees went. Find a certified forester who has dealt with TT before and turn him loose for estimates.

Magicman · March 31, 2016, 12:29:55 PM

I took pictures of the marked stumps which clearly showed that it was the forester's error, not the logger. Since it was an honest mistake, I settled for only the log's value. It so happens that the forester was also my forester.

Ron Scott · March 31, 2016, 01:23:32 PM

Follow the good advice given above. Just be sure that you have a certified survey of your property line should there be any dispute in the settlement for the trees cut and any associated resource damages to the property that you may be concerned about.

RCBS · April 01, 2016, 12:22:39 PM

Quote from: Ron Scott on March 31, 2016, 01:23:32 PM
Follow the good advice given above. Just be sure that you have a certified survey of your property line should there be any dispute in the settlement for the trees cut and any associated resource damages to the property that you may be concerned about.

Yup, forgot about that....survey.

John Mc · April 01, 2016, 08:59:38 PM

I believe in VT, you can get treble damages IF your boundaries were clearly marked. Not sure what happens if they were not properly marked.

The laws do vary from state to state. Even if you are going to try to settle without going the lawyer route, it doesn't hurt to know what your legal rights are. A good forester with experience in timber trespass should know the details for your area.

Al_Smith · April 02, 2016, 10:47:43 AM

True story,happen 30-35 years ago .My uncle sold 100 white oak trees for 500 a pop cash . The buyer whined like a broke d---dog because about 20 cut out bad and he stanched another 25 .Uncle Charles was not a man to be taken lightly and his son was an attorney .Those pirated trees cost that guy 2000 a pop .

Years later, my daughter who is only 5 feet tall and 110 pounds showed a bad boy logger where the bear went in the woods .She worked for the environmental portion of the PUCO and over saw power line installations at the time .This pirate went two hundred feet off the right of way and helped himself to prime timber .He then made the mistake of trying to be tough guy with her .Dynamite comes in small packages,that cost him a fortune before it was said and done .She got her mothers attitude and my tenacity . .--go get-em girl--- :D