Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Timber company wants to use my road

I believe Alabama has provisions in the law for a landlocked land owner to procure, via courts, a temporary easement for timber removal .

Plus, I would recommend documenting the conditions of the roads beforehand with videos because some people have different interpretations of what good conditions for a road are. Hopefully, you'll be dealing with someone honest and it won't be an issue, but when it comes to money, well, you know.

Don't do it, all they did going through mine was half a$$, grade it with a skidder. Repairs were out of my pocket.

Some good suggestions here, but not all timber companies/loggers are bad. Those that are have certainly made the industry more difficult for those who aren’t. It shouldn’t be hard to find out what kind of outfit you’re dealing with. A reputable company won’t mind putting up a bond or just paying outright for temporary access.

Good luck on getting them to do what they say. Loggers rape the land when they are done.

Loggers are like state troopers, bout 1 out of 5 are good folks. The others are Shysters IMO.

I would estimate what it would cost to fix the road. Thats your potential loss.

Make the contract good for 3-5 years the road may be ok then in a few years it washes out. It would d been fine if they had not used it. If this can happen.

Make sure you are dealing with someone that is insured and reputable.

Is there another way to access the timber? You could be establishing a prescriptive easement across you by allowing them to use it especially if there is another access.

Get an agreement in writing with a performance bond.

[quote=deadeye]

Is there another way to access the timber? You could be establishing a prescriptive easement across you by allowing them to use it especially if there is another access.

I make sure that the access agreement I use is not open ended and has a termination date specified. Something along the lines of 'Good for 90 days of signature".

Paved roads don’t last 5 years.

I’m glad I work in an area where timber drives the economy. We cross landowners on a daily basis. Other folks cross us even more.

Man I concur.

Some of them trashed by buddies place. They also spilled a bunch of oil or fuel on the landing where he was gonna do a foot plot but now nothing will grow there. They tore it up and left a hell of a mess and then the dude wouldn't answer his phone or call him back.

It’s been my experience that very few skidded operators will take the time to properly repair a dirt road. Most of the time this job requires a really good bulldozer operator. I’ve been very fortunate to work with some good dozer operators. When I know what the roads looked like, and held up well before logging, I want them put back in that same condition. Some roads are so torn up after logging that a dozer guy can’t see where there’s a need for a water bar, or a need to slope the road surface. I like to have a dozer operator see my woods roads before the logging company starts working. Then there is no question of how you roads need to be repaired

Like bond, video, 2k-3k, maybe more, depending on volume of timber removed. Try to keep it neighborly if possible. They can get access most likely by law. Unless you dealing with arseholes, that case double it all including bond. I think I would consider advising those logging to have passed master logger certification if possible.

This is all good advice, but how much should I be compensated? This is a really big timber company. Being neighborly when they were giving me just a dollar a ton for my pulp wood 5 years ago doesn't get me excited about them using my road. They proposed creating a long term easement exclusive to the timber company. Not to mention, I have access to a skid steer when I need it. I know they will be destroying a small green patch that I have cultivated over the last 3 years including lime.

I absolutely wouldn’t agree to a long term easement.
This once is a trial period if it goes poorly, you don’t want to have signed a long term easement.

How long is "long term" ? I'd only do it for an ample amount of time for this cutting. I would remind them of the insulting price they paid you for your pulp. if it's good hunting and they really want to get in there , you might secure long term hunting rights in the deal.

Now is the time to work in a phrase like, 1 acre greenfield cleared outside road crossing, if they can not go around plot. Nows a good time to be talking to a more experienced lawyer to have a contract signed or review their proposal for access. They may have a real good negotiator that can be real reasonable, but have lawyer to go over contract. This is usual business to them. Let them get busy, ASAP. $1 for pulpwood, probably could a got $2 if you had this to deal with then. They know how to buy low and sale high, working folks. On a negative side April is not best time to be logging a tract, expect deep ruts due to rainy season.

If you decide to let em onto your land and allow them the use of your road... tell em they'll have to come to a solid agreement with to repair any and all damages, with the understanding that your attorney will be available to negotiate the terms.

I would also state in the agreement that any court hearings were to be held at your local. Some large companies will have it in their contracts and that puts you out of place for any hearings and your local lawyer fees would increase as well.