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Timber Theft

Started by jwilly3879, May 26, 2017, 06:22:52 PM

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Ox

Sounds like your typical city slicker with some land and he's all "my land, my land, thieveing this and that."  just to find out he's an idiot who jumped to conclusions.  This could have been handled in a much more elegant and respectful manner.  You know - the countrified way.  :)
K.I.S.S. - Keep It Simple Stupid
Use it up, wear it out, make it do or do without
1989 GMC 3500 4x4 diesel dump and plow truck, 1964 Oliver 1600 Industrial with Parsons loader and backhoe, 1986 Zetor 5211, Cat's Claw sharpener, single tooth setter, homemade Linn Lumber 1900 style mill, old tools

Puffergas

Then that same slicker will have no respect for someone else's land.
Jeff
Somewhere 20 miles south of Lake Erie.

GEHL 5624 skid steer, Trojan 114, Timberjack 225D, D&L SB1020 mill, Steiger Bearcat II

jwilly3879

I asked the officer if she had any objection to me sending the complaining LO a nice letter thanking him for the allegation and the opportunity to spend my time slogging through a swamp this morning with a very nice ECO. Apparently he was a little miffed that I refused to let him accompany us on our walk and show him his line.

Ox

Quote from: Puffergas on June 01, 2017, 06:21:10 PM
Then that same slicker will have no respect for someone else's land.
That's RIGHT.  >:(

jwilly - and what did she say?
:laugh:
K.I.S.S. - Keep It Simple Stupid
Use it up, wear it out, make it do or do without
1989 GMC 3500 4x4 diesel dump and plow truck, 1964 Oliver 1600 Industrial with Parsons loader and backhoe, 1986 Zetor 5211, Cat's Claw sharpener, single tooth setter, homemade Linn Lumber 1900 style mill, old tools

4x4American

I'm glad you didn't let the dumb adj. LO walk with you guys...for all we know the LO did all this just to get his line showed to him
Boy, back in my day..

jwilly3879

She said it was up to me. Thought it might be an opportunity to suggest it may have been simpler to just contact the LO we cut for who would have put him in contact with me. I would have gladly showed him his line rather than filing a complaint with the DEC and costing us all taxpayer dollars.

We take a great deal of pride in our work and have never had a dissatisfied LO.

I will probably give him the benefit of the doubt, realizing he had no idea what he was looking at.

Ironically the harvest done about 15 years ago on his land strayed over the line into the lot we cut.

treeslayer2003

there are all kinds in this world. do this long enough and you may see them all.

WDH

Sometimes it is hard to take the high road  :) :-\. 
Woodmizer LT40HDD35, John Deere 2155, Kubota M5-111, Kubota L2501, Nyle L53 Dehumidification Kiln, and a passion for all things with leafs, twigs, and bark.  hamsleyhardwood.com

jwilly3879

WDH, I hear you about the high road. I sometimes need to take it even when I feel like telling someone how I feel.

I am a Building Inspector in two Towns so as a public official I need to be careful what I say or more accurately, how I say it.

SwampDonkey

First order of business up this way I have witnessed for 30 years now is when farms are bought and sold the woods are most always clear cut by the seller or the buyer. I don't know if any mortgage rules apply here on cutting woods. If so, then I guess they approve of all clear cutting.
"No amount of belief makes something a fact." James Randi

1 Thessalonians 5:21

2020 Polaris Ranger 570 to forward firewood, Husqvarna 555 XT Pro, Stihl FS560 clearing saw and continuously thinning my ground, on the side. Grow them trees. (((o)))

BargeMonkey

Quote from: jwilly3879 on June 02, 2017, 04:27:33 PM
WDH, I hear you about the high road. I sometimes need to take it even when I feel like telling someone how I feel.

I am a Building Inspector in two Towns so as a public official I need to be careful what I say or more accurately, how I say it.
😂 I have to stay silent sometimes because down here sometimes because you never know who is related to who, who works for who, or who is ready to throw you under a bus. I assume you guys have the same "small town" politics up there.

jwilly3879

Got an email from the ECO yesterday and she has sent her report to the LO indicating she felt, based on her investigation, that no theft occurred and that should the LO want to continue to pursue the complaint he will need to have a survey done.

He bought the property sight unseen and wound up with 44 acres of wetland that is unbuild-able and probably unsellable. As the Building Inspector/ Zoning Officer I have had several calls about the property and have passed along the info that it is not a build-able lot.

MbfVA

The usual disclaimer that I'm a CPA and not an attorney, but depending on how the mortgage or deed of trust in our state is written, there could be a lien attached to the timber. Whether or not anyone would attempt to enforce that kind of lien, and what rules would then apply, definitely not a question for nonlawyer.  And one would need to consult a lawyer in the jurisdiction involved.

I recall the concept of "holder in due course" from my business law training but that mostly relates to checks and some other instruments, and what the holder of a check can rely on as to there being problems in the "chain of title".

Another thing that would trouble me if I were a logger & there was uncertainty about the paperwork, would be the traditional lag (around here up to two years,  sometimes longer) between paying for the timber, and when the timber has to be cut & money flows back to the logger.   That period of time allows for a lot of mischief.

I would be cautious about paperwork on any major bucks job, since attention levels tend to rise in step with the amount of money involved. Duh.
www.ordinary.com (really)

WDH

In Georgia, timber is real property.  If there is a lien on a piece of land and the timber is offered for sale, the institution holding the lien has to provide a release for the buyer of the timber to get clear title. 
Woodmizer LT40HDD35, John Deere 2155, Kubota M5-111, Kubota L2501, Nyle L53 Dehumidification Kiln, and a passion for all things with leafs, twigs, and bark.  hamsleyhardwood.com

ProductofPoint

I usually MAKE my landowners hike the property line with me before any tree's are painted. I had one case where I had marked a handful of silver maple but wasn't entirely sure where the line was. Kept me up for nights. I finally had the landowner come out and walk it with me... I was off by 200 ft. It pays to double check. 

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