dstaples at livingston.net
Mon Apr 27 10:40:38 EST 1998
Joseph Zorzin wrote:
> Don Baccus wrote:
> > In article <35426C95.5D7B0889 at forestmeister.com>,
> > Joseph Zorzin <redoak at forestmeister.com> wrote:
> > >Absolutely. But I think legally, the landowner bears primary
> > >responsibility as it's the landowner that retains foresters, loggers,
> > >engineers, etc. as his/her agents.
> > The smart plaintiff will probably sue the whole shebang of them, landowner,
> > forester, etc. Generally the more folks you can name, the more hope
> > that at least of them will have money or sufficient insurance, or an
> > insurance company willing to settle.
> Foresters do get sued. Here's an example, the name is faked of course.
>Edited for brevity.
As the saying goes, been there and done that. Both Don and Joseph have
hit the nail, the letigious nature of our world causes great care in
deciding ownership, responsibily, contractual relations, and make
selecting a logger a very important part of any operation. The suit
will call in everyone, even the surveyor, that is remotely connected to
Joes case hit close to home. We did a sale on a tract owned by the same
family since 1907. Only to find, several weeks prior to the beginning
of the harvest that a sales contract had been filed in 1902 on 1/10th of
an acre out of the 160 total block. No deed had been filed, no taxes
paid on the 1/10th acre, and no surviving heirs to the tract. But some
one in the 1960's had bought all "interest" in the estate of the last
surviving family member of the 1/10th acre. In going even further back
in the deeds, we found "sales contracts" sold to yankees to this
paradise on earth in east Texas, that had never been deeded, or filed
for deed. We ended up resurveying, eliminating some of the tracts,
bought off the one with an "interest" deed, and are still trying to
clear the cloud on title.
In this case the threat of litegation caused the owner to take
precautions above and beyond what is normal in a timber sale. And in
the end limited the chances of a suit.
Also why all our contracts have a clause that we are acting as agents
for the owner, and relying on information provided by him as far as
ownership is concerned. Still, been there, been sued.
My Ego Stroke: http://www.livingston.net/dstaples/
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