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Help against Timber Company #4118878
04/17/24 11:31 PM
04/17/24 11:31 PM
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winlamberth Offline OP
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winlamberth  Offline OP
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Is there any way i can keep a timber company from cutting certain areas on my property in Alabama. Is there any way i can stop them or file some type of report to stop them from cutting. If anyone knows anything i can do to save my woods and TURKEYS please let me know. I did not sell the timber rights, the previous owner did. Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting.

Last edited by winlamberth; 04/18/24 12:04 AM.
Re: Help against Timber Company [Re: winlamberth] #4118880
04/17/24 11:59 PM
04/17/24 11:59 PM
Joined: Aug 2014
Posts: 668
Ms
FX4 Offline
4 point
FX4  Offline
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Ms
Need more info. Did you sell them a timber deed or what?



Re: Help against Timber Company [Re: winlamberth] #4118881
04/17/24 11:59 PM
04/17/24 11:59 PM
Joined: Oct 2013
Posts: 2,783
alabama
outdoors1 Offline
10 point
outdoors1  Offline
10 point
Joined: Oct 2013
Posts: 2,783
alabama
Not a !@@#$$ you can do unless you own the land!

Re: Help against Timber Company [Re: FX4] #4118883
04/18/24 12:04 AM
04/18/24 12:04 AM
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winlamberth Offline OP
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winlamberth  Offline OP
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FX4 i edited post.

Re: Help against Timber Company [Re: winlamberth] #4118884
04/18/24 12:07 AM
04/18/24 12:07 AM
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Ms
FX4 Offline
4 point
FX4  Offline
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Ms
You can probably negotiate to buy back some of the timber that you want to leave standing or just buy the timber deed from them.



Re: Help against Timber Company [Re: winlamberth] #4118886
04/18/24 12:16 AM
04/18/24 12:16 AM
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winlamberth Offline OP
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Havent tried that yet, but i do know Weyerhaeuser is stingy.

Re: Help against Timber Company [Re: winlamberth] #4118908
04/18/24 06:07 AM
04/18/24 06:07 AM
Joined: Jan 2013
Posts: 19,672
Pelham
Ben2 Offline
Old Mossy Horns
Ben2  Offline
Old Mossy Horns
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Pelham
So they own the timber and can do as they please unless you become the new owner of the timber.

Re: Help against Timber Company [Re: winlamberth] #4118911
04/18/24 06:26 AM
04/18/24 06:26 AM
Joined: Jan 2003
Posts: 15,096
Chilton County
Morris Offline
Poppa Jon
Morris  Offline
Poppa Jon
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Chilton County
So you bought this property knowing the previous owner sold the timber rights?

Re: Help against Timber Company [Re: winlamberth] #4118922
04/18/24 06:50 AM
04/18/24 06:50 AM
Joined: May 2013
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Chelsea
lectrode Offline
10 point
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Chelsea
Woops


You haven't been blocked until you've been flock blocked!!!
Re: Help against Timber Company [Re: winlamberth] #4118937
04/18/24 07:22 AM
04/18/24 07:22 AM
Joined: Aug 2007
Posts: 2,904
Ozark , Alabama
B
BradB Online content
10 point
BradB  Online Content
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Posts: 2,904
Ozark , Alabama
And ya wondered why the price was so reasonable. If the timber contract was disclosed by seller you are SOL and should have known what was coming. If it was not disclosed it’s time to talk to a RE attorney.

Re: Help against Timber Company [Re: winlamberth] #4118939
04/18/24 07:40 AM
04/18/24 07:40 AM
Joined: Jan 2003
Posts: 15,096
Chilton County
Morris Offline
Poppa Jon
Morris  Offline
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Chilton County
Originally Posted by winlamberth
Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting.


This statement here says a lot. 🙄

Re: Help against Timber Company [Re: winlamberth] #4118999
04/18/24 09:43 AM
04/18/24 09:43 AM
Joined: Mar 2012
Posts: 3,314
Here
Okatuppa Offline
10 point
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Here
popcorn


I ain't fightin nobody that swings around in trees with a running chainsaw like Tarzan. - FurFlyin

Oh I just thought u were a dumba$$ 🤣 my apologies… - jb20
Re: Help against Timber Company [Re: Morris] #4119005
04/18/24 09:55 AM
04/18/24 09:55 AM
Joined: Mar 2001
Posts: 11,151
Central Alabama
Cuz-Pat Offline
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Cuz-Pat  Offline
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Central Alabama
Originally Posted by Morris
Originally Posted by winlamberth
Is there any type of protected species I can say that I saw and file a report to at least postpone the cutting.


This statement here says a lot. 🙄


Tell them you have seen three Bigfoots there and you think it is a sacred breeding ground for them.

If you bought this property and a timber deed is in the hands of someone else I don't see much you are going to be able to do.


Cuz-Pat

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Re: Help against Timber Company [Re: winlamberth] #4119028
04/18/24 10:41 AM
04/18/24 10:41 AM
Joined: Feb 2008
Posts: 15,684
Montgomery
bamaeyedoc Offline
Old Mossy Horns
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Posts: 15,684
Montgomery
They will have to respect the SMZ area if applicable but from what I see they cut to the inch of those and don’t mind going over several feet. Sounds like you’re about to own a clear cut unless it was some kind of select cut deal. I’m sorry u gotta deal with this.

Last edited by bamaeyedoc; 04/18/24 10:41 AM.

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Re: Help against Timber Company [Re: winlamberth] #4119035
04/18/24 10:52 AM
04/18/24 10:52 AM
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abolt300 Offline
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If they have a contract on the timber, they own the rights to the timber. Period. Your only real option is to buy the timber rights back from them. If the timber contract was not formally disclosed at the time of sale, get a RE attorney and see if he can get a stay put on it, but most likely, the judge will allow the timber company to harvest it anyway, due to the fact that they have a valid contract and legal ownership of the timber, that precedes your ownership of the property. If it was a failure to disclose, you'll just have a damages claim against the individual that sold the property to you. Also, I wouldnt play any games with endangered species claims etc. All the big timber companies have their own biologists and attorneys and if you make a fraudulent claim that halts their ability to pursue their contract and make money, you'll end up paying them damages, that could be far in excess of the value of the timber. I know if you tried to pull that crap with me, I'd hammer you over it and try to break you. The only other thing you can do is get a copy of the actual timber contract. Most have an expiration date by which the timber has to be removed from the property. Once that date hits, they lose their rights to harvest it. Lastly, when they come in to cut, and they will, unless you negotiate to buy them out, be sure to make them bond the roads. That way if the crew fails to fix them to your satisfaction, you at least have some recourse.

Re: Help against Timber Company [Re: abolt300] #4119064
04/18/24 12:21 PM
04/18/24 12:21 PM
Joined: Aug 2015
Posts: 1,054
Montgomery, AL
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Treelimb Offline
6 point
Treelimb  Offline
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Montgomery, AL
Originally Posted by abolt300
If they have a contract on the timber, they own the rights to the timber. Period. Your only real option is to buy the timber rights back from them. If the timber contract was not formally disclosed at the time of sale, get a RE attorney and see if he can get a stay put on it, but most likely, the judge will allow the timber company to harvest it anyway, due to the fact that they have a valid contract and legal ownership of the timber, that precedes your ownership of the property. If it was a failure to disclose, you'll just have a damages claim against the individual that sold the property to you. Also, I wouldnt play any games with endangered species claims etc. All the big timber companies have their own biologists and attorneys and if you make a fraudulent claim that halts their ability to pursue their contract and make money, you'll end up paying them damages, that could be far in excess of the value of the timber. I know if you tried to pull that crap with me, I'd hammer you over it and try to break you. The only other thing you can do is get a copy of the actual timber contract. Most have an expiration date by which the timber has to be removed from the property. Once that date hits, they lose their rights to harvest it. Lastly, when they come in to cut, and they will, unless you negotiate to buy them out, be sure to make them bond the roads. That way if the crew fails to fix them to your satisfaction, you at least have some recourse.


All this is pretty dang accurate.

Re: Help against Timber Company [Re: winlamberth] #4119109
04/18/24 02:11 PM
04/18/24 02:11 PM
Joined: Jul 2011
Posts: 34,497
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
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Boxes Cove
I'm confused here. However , If you bought the property subject to the timber rights and it's in the deed you are SOL. If it's not in the deed or wasn't disclosed in writing to you , you may be in luck. If the previous owner didn't disclose the timber contract in any way to you , you MAY have a case for fraud against him . Might be time to Lawyer up.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Help against Timber Company [Re: winlamberth] #4119135
04/18/24 03:17 PM
04/18/24 03:17 PM
Joined: Feb 2011
Posts: 10,655
Santa Rosa/Conecuh
hallb Offline
Booner
hallb  Offline
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Santa Rosa/Conecuh
Did the previous owner actually outright sell the timber rights for the life of the property? Or was there just a one time contract in place to do some type of cutting within a set period of time? If it's the latter - unless you just have some highly desirable timber - I would think that you could potentially talk to the timber buyer and ask if you could give him back the performance bond money and forget the contract. I'm sure they have plenty of other tracts to cut. Now if he's already done a contract with sub-contract cutters or something it may not be that easy. If the full timber rights got sold off, then I would think you are SOL w/out offering to buy them back and probably at a premium.

Re: Help against Timber Company [Re: winlamberth] #4119274
04/18/24 07:50 PM
04/18/24 07:50 PM
Joined: Jan 2001
Posts: 25,787
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
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Fayetteville TN Via Selma
Now that you've documented on social media your willingness to lie in order to stop a corporation from legally making money, the best thing to do is drop it unless you want them owning the land and more.


Lord, please help us get our nation straightened out.
Re: Help against Timber Company [Re: winlamberth] #4119330
04/18/24 09:12 PM
04/18/24 09:12 PM
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Posts: 21,785
USA
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Remington270 Offline
Freak of Nature
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USA
This thread has amazing potential. Subscribed.

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