Harvesting fallen logs from neighbor's land

[Loadstar]

I cut wood from my neighbors bush and never even once thought that if I got hurt I would blame him. COME ON PEOPLE. I have a deal where I cut fallen trees, dead trees and I'm aware of the risks involved in cutting firewood but if I dropped a tree on my head I wouldn't sue the guy after he gave me a free source of firewood. Here's how it went down.

hey I see you have a lot of dead ash trees
I don't burn wood
I do, would you mind if I cut some fallen or dead trees
sure

Yea... the good old days. Then trip and fall lawyers emerged. Good old days gone. Get use to it. Who would think you can slip in water you step in and get the big bucks. Who would think a burglar could sue getting injured breaking in. Because of this many people don't want Joe blow wandering on their land operating power equipment.

 

[Loadstar]

Personally I would not bring it up with the landowner. If landowner brings it up I would be prepared to answer questions and offer solutions.

 

[wroughtn_harv]

The property owner will probably be more than happy to have you clean up his land for him. But I would write a simple email explaining what you will and won't do and what you expect him to do. It's a simple contract that covers you both. His heirs might consider you a jerk because you didn't do a neater job and go after you for the expense of making it look like a park when you were done. You do something stupid, we all can, a couple of years ago I was pulling big cedars out of a treed parcel when I pushed the Bocat T300 through some small cedars and had a lower dead limb shatter right beside my left shoulder, chest high. A foot to the one side and it would have killed me on the spot. If you do something stupid then the simple contract puts the responsibility on you and not him.

One of the things I would for sure address would be the debris left over from your trimming into logs for the trip home. He surely wouldn't want a bunch of burn piles left. And he probably wouldn't want the cleared area littered with loose limbs etc. If you agree to clean up after yourself properly you might decide that expense negates any savings on firewood. I know if I was him that would be my first concern.

As for the liability issues, that's what lawyers are for. I work for some and the consensus seems to be that a simple contract agreed to by the parties works.

 

[KiotiKowboy]

I carry a minimum of $1mill liability on my farm and also on my rental properties. It's not enough, but it provides some peace of mind. Even so, I don't want to incur additional risks by just trying to be nice to someone who wants firewood.

 

[boggen]

didn't read most of the replies...

my issue is the "small branches / limb piles", ruts, and also the stump left behind, overall insurance if something happens while on my property, and then coming back and sue'ing me or what not. other issue what trees would be cut down or like.

have stuff in writing, not by verbal mouth if something is agreed to. protects you as well them. and actually mark trees "spray paint, caution tape, etc..." one color say "red" = what you can cut... everything else is a no no.

google maps...and turning on the terrain and printing out a few pages (50 acres is a lot), and putting a X mark here or there can be a way to keep track of stuff.

 

[deanwerden]

God bless America !

 

[turnkey4099]

He may be worried about liability. It is a plus though having a responsible person there to keep watch over the land. Helps out with trespassers and unauthorized hunting. Maybe use that to help like your a guardian of his land.

Liability can be covered by signing a "hold harmless" agreement. I have done that in the past.

Be sure to have a clear understanding on just what is to be done:

Cut clearance to get access?

Pile brush?

Burn brush piles?

Hours and days you can work? I came close to losing a 5 acre clear cut of locust because I worked once on a Sunday. Many apologies and clear agreement it would never happen again.

Harry K

 

[square1]

Aside from liability the only issue I see with taking downed trees is the condition in which the property will be left afterward.

I cut (10) cord out of downed trees this year for a property owner that approached me to do this for them. Someone else had cut for them on shares the prior two years but the property owner felt they weren't getting equitable shares. I spent as much time cleaning up the mess from the previous cutter as I did actually getting firewood. I told them if they let the previous cutter back in there I won't go back in there next year.

This will be the fifth winter of cleaning out dead ash on my own property. A crew that was pulling off a logging project not to far away stopped by to see about doing a selective cut of my timber. They promised to keep everything cleaned up, repair all ruts, pull the tops into an opening for me to access them. All kinds of neat things. I took a drive past the project they were pulling off of, again, what a mess. Clearly their idea and mine of cleaning up a woods after cutting are not even close. Not happening on my property.

 

[Jstpssng]

Aside from liability the only issue I see with taking downed trees is the condition in which the property will be left afterward.

I cut (10) cord out of downed trees this year for a property owner that approached me to do this for them. Someone else had cut for them on shares the prior two years but the property owner felt they weren't getting equitable shares. I spent as much time cleaning up the mess from the previous cutter as I did actually getting firewood. I told them if they let the previous cutter back in there I won't go back in there next year.

This will be the fifth winter of cleaning out dead ash on my own property. A crew that was pulling off a logging project not to far away stopped by to see about doing a selective cut of my timber. They promised to keep everything cleaned up, repair all ruts, pull the tops into an opening for me to access them. All kinds of neat things. I took a drive past the project they were pulling off of, again, what a mess. Clearly their idea and mine of cleaning up a woods after cutting are not even close. Not happening on my property.

I'm just curious how you deal with the tops. Cutting trees generates a LOT of brush!

 

[square1]

Anything 3" & up is blocked up and sold as fire wood. Anything below three inches is either dragged of pushed into brush piles. On average I'd say every area about half a football field in size gets one brush pile.