somebody has cut my timber

[yote hunter]

i went to my property friday and found about 10 acres of real good timber gone.i found out who the timber guy was and who he was cutting it for .i asked if he had had it surveyed and he said no that he was going on what the other guy told him was his.i have been into it with this other guy since 1996 on who owns this piece of property so he knows its in dispute.i showed the timber guy what my land was and how i came to know the boundries and he seemed like oh no ive screwed up.
my question is has anyone else on here dealt with this kind of situation?how do you count the dollar amount of trees that are not there anymore?im going to have it surveyed and if im right can i make the other landowner pay us for the survey?

[quackrstackr]

All you should have to do is look at the stumps and surrounding timber and get a fair estimate of what the guy has taken off of you. Those timber guys estimate that stuff for a living.

10 acres is huge.

I suspect that your neighbor would be coughing up some $ for the timber and at least half of the money to have the line shot if you don't have a current/good survey of your property lines.

As long as it takes mast bearing trees to mature and produce, if it went to court (and this was hunting property) I would be looking at more damages than just fair market value for the timber.

[mason0366]

You can make them pay for every tree!!

[WildmanWilson]

I've hear that they have to pay you double the value of the timber. I'd get a lawyer.

[greenskeeter]

You may want to PM foresterhunter and ask for his advice.

[Scott7m]

if you can prove it is your land, you will get "double" the stump price!

if you prove it's yours, it will be an easy case and you'll get your money

[barney]

Timber.........on average is worth, about $1000/acre. if you can prove it was indeed your timber, you should be awarded double that amount.

[Xi Bowhunter]

i went to my property friday and found about 10 acres of real good timber gone.i found out who the timber guy was and who he was cutting it for .i asked if he had had it surveyed and he said no that he was going on what the other guy told him was his.i have been into it with this other guy since 1996 on who owns this piece of property so he knows its in dispute.i showed the timber guy what my land was and how i came to know the boundries and he seemed like oh no ive screwed up.
my question is has anyone else on here dealt with this kind of situation?how do you count the dollar amount of trees that are not there anymore?im going to have it surveyed and if im right can i make the other landowner pay us for the survey?


Yote, whatever you do, you need to make them come in there and clean up and re-plant the trees you lost.

[killinmammals]

My mom had a friend that his happened to on a farm they owned a few hours away. One weekend they decided to head down and fish on one of the ponds, well, when they arrived nearly 20-30 acres had been cut!!!(they hadn't been in a couple months). The not only got new trees planted, the got the exact ones they wanted, and more than double the price of the timber that was stolen...it nearly paid half of their debt still left on the farm!

[limbhanger]

Isn't it a law that the neighboring land owners must be notified if timber is going to be cut?

[maxcam]

Timber.........on average is worth, about $1000/acre. if you can prove it was indeed your timber, you should be awarded double that amount.

If it is used to make pallets or cross ties I would agree, but what if its good veneer quality oak,cherry or walnut?

What about property damages from the heavy equiptment.....There is erosion, smaller trees that were lost etc.....Not to mention the mental fatique of looking at your favorite meditating spot being torn all to pieces.....Ild say it would be hard to put a price on something like that.....

[Ky mustang]

I heard veneer quality white oak is bringing $5 / board foot .

http://www.lrc.ky.gov/KRS/364-00/130.PDF

[Auk1124]

Actually by state law, unless it has changed in the last year or two, you are entitled to "treble damages" - meaning three times the value of the cut timber on the stump. It is one of the few cases where the legislature specifically enacted a measure of punitive damages into state law. The legislature hated "timber pirates."

10 acres is downright enormous for one of these cases - usually it is just a hundred feet or so over on someone else's line. I'd get a GOOD timber cruiser to mark and measure each stump and give you a total value. A GOOD cruiser, not some guy from the pool hall who will do it for a case of beer. You will want a well-spoken, presentable fellow for court. And I'd hire a lawyer familiar with timber cases. If there is any question about your property line, you may have to hire a surveyor too.

Your damages, which will be triple the value on the stump, will be huge if you win in court.

[littlebear]

Limbhanger,you are correct. I have been told by timber cutters more than once that they must notify all adjoining landowners that the timber is going to be cut .That way if there is a property line issue it can be taken care of before it is cut.Was told it was the law now for them to notify.The timbercutter that cut that timber may be held responable also .

[barney]

If it is used to make pallets or cross ties I would agree, but what if its good veneer quality oak,cherry or walnut?

What about property damages from the heavy equiptment.....There is erosion, smaller trees that were lost etc.....Not to mention the mental fatique of looking at your favorite meditating spot being torn all to pieces.....Ild say it would be hard to put a price on something like that.....
I said on average.

I have sold timber several times, and talked to several loggers and that seems to be how the base price is figured. More high grade trees, the base price goes up. I am in the process of selling a tract of timber right now, and another wicked thing is figuring into the price these days.....DIESEL FUEL! The logger i'm talking to is strapped over fuel cost now. The last few years, his fuel bill ran around, $7 or 8 grand a month, last months bill was $15 grand.:eek:

And, on a second note, I've heard of good high grade walnut veneer logs, going for over $15 dollars a board ft. a person could retire, on a couple acres of those!

[limbhanger]

Limbhanger,you are correct. I have been told by timber cutters more than once that they must notify all adjoining landowners that the timber is going to be cut .That way if there is a property line issue it can be taken care of before it is cut.Was told it was the law now for them to notify.The timbercutter that cut that timber may be held responable also .

I don't think many timber cutters follow that law, they cut the property next to me a few years ago, I was never notified. It wasn't an issue w/ me, the property line was clearly marked, and they never crossed it.

[mrdux]

I would take it up with the sheriff and county attorney before I made the 1st phone call. What has been done to you is CRIMINAL!! This crap of some good-ol'-boy saying "Ah crap, I guess I messed up!" is for the birds. If you have been into it with the guy on the next property, this should be gasoline on the fire. I would hold them for every penny AFTER I had them both in court. Screw being neighborly!! They have taken from you something that will take generations to replace.

[ptbrauch]

And, on a second note, I've heard of good high grade walnut veneer logs, going for over $15 dollars a board ft. a person could retire, on a couple acres of those!

If you float down the Floyds Fork near Louisville, you can see a grove of walnut trees that's huge. I don't know how many acres it is, but it sure is a strange sight to see all these mature trees growing in straight rows.

[maxcam]

I said on average.

I have sold timber several times, and talked to several loggers and that seems to be how the base price is figured. More high grade trees, the base price goes up. I am in the process of selling a tract of timber right now, and another wicked thing is figuring into the price these days.....DIESEL FUEL! The logger i'm talking to is strapped over fuel cost now. The last few years, his fuel bill ran around, $7 or 8 grand a month, last months bill was $15 grand.:eek:

And, on a second note, I've heard of good high grade walnut veneer logs, going for over $15 dollars a board ft. a person could retire, on a couple acres of those!

I said I agreed with your generalized statement.......I merely pointed out that there are some instances where timber can and does bare more than $1000/acre.

I dont think a judge is going to care what costs the logger incurred while raping someone elses property that he didnt have the right to infringe upon.......

[yote hunter]

i sent this other landowner a registerd letter in 1998 puting him on notice not to mow.,tresspass ,remove any signs, or cut any timber his lawyer sent me a letter back wanting to know what we have done to the property in the last 15 years,i didnt bother to responed to the idiot but i still have his letter and a copy of the one i sent him and the registoer recept that he signed.putting him on notice that he didnt own the property.

[Duster]

Looks like he was trying to lay claim to your land.

[quackrstackr]

Looks like he still is.

[KYHUNTER14]

Looks like he still is.


Looks like he HAS!!!

It would be hard for me not to fight the dude honestly. Get a good lawyer and get all yoru ducks in a row and then put the screws to the guy and I mean put them to him HARD!!!! Squeeze every last drop from the scumbag.

[foresterhunter]

Let me clarify some things about timber trespass. If is was your timber stolen than you are eligible for three times the market value plus expenses such as me. In order to receive three times you must not have been notified about the harvest by letter before any logging began. If they did notify you, then you can only collect the market value.

I am a consulting forester and have been for 15 years. I can come out and measure the stumps and recreate what was stolen and place a fair market value on the timber. You will need that in order to substantiate your claim. Here is what I would do first.

1. Get your line surveyed or at minimum get your deed and your neighbors deed to a surveyor for his opinion. It is not uncommon for two deeds to claim the same piece of property.

2. Get a lawyer set up and ready to take the case.

3. Get the stumps measured and let the attorney take it from there.

You can look me up at betterforestry.com

Kraig Moore