Trespasser

[phylodog]

About a week ago I hear someone across the road running a chainsaw. I assumed it was on the neighbor's property to the north of mine over there and didn't think much else about it. Coming home this afternoon and driving by I notice a flat bed truck parked awful close to my property and as I get closer I see a man with a chainsaw cutting up some down trees the power company dropped last year. I stop next to where he's working and he is clearly on my land, cutting up trees which were on my property and loading them into his truck.

Decision time.

I parked, got out and asked if he was working for the power company or the subcontracted tree service. He said that he wasn't, that he heated his home with and sold firewood. I mentioned that it wasn't his wood and he just looked at me. He said he knew a couple of the contractors who'd dropped the trees and they told him the trees were just laying here. I explained that he hadn't provided an explanation about it not being his wood to take and he just looked at me again. I could tell he wasn't sure where this was going and I'll admit I was tempted to get heated but I decided not to.

I told him he was free to take what he wanted on a couple of conditions. One that he leave the place in better shape than he found it and two that he not throw anything, and I reiterated anything into the creek. He agreed and I left him to his work. He's actually doing me a favor, the area looks better now than it did before he started so he's saving me a pile of work and getting rid of wood I don't need to include a 4.5' diameter, 25' long hunk of cottonwood that I can neither cut up nor move with my equipment. Hopefully I made him uneasy enough to think about asking permission before he does it again but thats on him.

 

[Creedmoor]

A rat tree, he did you a favor.

 

[indyjohn]

Knowing you as I do, lucky for him he didn't get sporty with you.

I think most of those types gamble that the land owner won't catch them or choose to not confront them. And if the landowner does, playing the bully will get them out.

Just for icing on the cake, I would have got my phone out and taken a picture of him and the back of his truck. But, that probably would have only pissed him off.

 

[phylodog]

Just took the atv for a spin and he's gone. Hopefully he'll come back and finish my work lol.

 

[Ark]

Sounds like a reasonable negotiated outcome.

Maybe his "power company buddies" had him under the impression those trees were part of the easement and either the company's property or essentially abandoned. Or he was just opportunistic and lying. But either way you got deadfall cleaned up and he got wood and nobody got shot or arrested.

 

[stocknup]

Depending on the shape/condition of the (Rat Tree) cottonwood .......I would have saved it .........
There are wood carvers that lust over the bark for carving . I am amazed what people will pay for it that don`t have access to any . Here are a couple of quickly found ads of many out there .

 

[Leadeye]

First trespasser season is coming up soon. Mushroom/turkey season in the spring, the second comes with ginseng in the fall. Had one sizing up the gardener a week ago while she was planting flowers along the driveway. Wanted to know how to cross our ground to get to the HNF, she told him to go further down the road where the public access point was. People don't like to do that as the walking is much rougher.

I don't see much of this during deer season though.

 

[phylodog]

Depending on the shape/condition of the (Rat Tree) cottonwood .......I would have saved it .........
There are wood carvers that lust over the bark for carving . I am amazed what people will pay for it that don`t have access to any . Here are a couple of quickly found ads of many out there .

View attachment 341127 View attachment 341128

Wow, I had no idea

 

[firecadet613]

 

[phylodog]

Just went and pulled some of the bark off of the big one. It's pretty wet and slimy underneath, hopefully it'll dry out and be useful. I've never carved but my grandpa did and I've got his knife and plenty of time.

 

[JTKelly]

Being on a right of way doesn't mean everything is still up for grabs to the public as they please. ASKING the person it belongs to is how to get permission.

 

[trimman83]

I wonder if the power company has rights to the debris, trunks and all? Seems like they wouldn't. Especially if the lumber or logs were desirable. But, if they were taking responsibility for cleaning up the debris site, could they then sub-contract the debris removal? Then, does the "trespasser" have authority to be there, just completing the job?

My good friend in Owen County had a power line easement cutting through his property, then the utility moved the power lines right adjacent to the road so they could better maintain the lines. In doing so, they cut down many hardwoods that belonged to my buddy by land rights. The trees were bucked trunks laying and drying. Before he could get to them, someone else removed them with easy roadside access. Was it the utility or someone authorized by them, or was it a trespasser?

 

[stocknup]

Just went and pulled some of the bark off of the big one. It's pretty wet and slimy underneath, hopefully it'll dry out and be useful. I've never carved but my grandpa did and I've got his knife and plenty of time.

If you are wanting to try out some carving and it is wet/damp , You may want to lay it on something flat and put a little weight on it for a bit to keep it from warping until it dries . It`s nice to have a nice flat piece to hang on a wall .

 

[dieselrealtor]

Duke Energy did some "cleanup" along & exceeding their easement & ROW. Cut down short ornamentals & left a huge chipper mess, ruts & some larger logs and trash, completely un-mowable. I followed the proper channels to complain, they closed the file without cleaning up their mess.

I will not be very compliant or agreeable next time they come to trash the area.

IANAL, it is my understanding that Right of Way is owned by state/local gov, easement is owned by property owner and easement holder has right to access & maintain according to the easement language.

I would think that cut trees left in the easement would belong to property owner if they wanted it.

 

[Creedmoor]

Depending on the shape/condition of the (Rat Tree) cottonwood .......I would have saved it .........
There are wood carvers that lust over the bark for carving . I am amazed what people will pay for it that don`t have access to any . Here are a couple of quickly found ads of many out there .

View attachment 341127 View attachment 341128

Post a few "Sold" ads.

 

[Cameramonkey]

Duke Energy did some "cleanup" along & exceeding their easement & ROW. Cut down short ornamentals & left a huge chipper mess, ruts & some larger logs and trash, completely un-mowable. I followed the proper channels to complain, they closed the file without cleaning up their mess.

Same experience with ATT when their contractor pulling fiber (who got fired for incompetence after hitting underground power with a mini excavator(almost killing the operator) destroyed my yard.) repeatedly got trucks stuck, and left the ruts for me to deal with. On the second go around I was literally screaming at them from my deck.

When I called ATT to get it fixed? "Sorry sir, we cant open a ticket because you are not a customer."
Luckily the guy behind us who also got screwed (though not as bad) is good friends with a C level downtown Indy. He was able to get it mostly cleaned up. But there are still spots that would take a couple dozen bags of topsoil to level. And my other neighbor? Hers is awful. Used to be flat but now there is a foot deep depression with a foot high dome of soil next to it. By now its been like that so long grass (weeds and Creeping Charlie ) has grown over it. But it wont be easy to fix because its RIGHT next to the comms pedistals. Go a little too deep and you're cutting low voltage lines.

 

[stocknup]

Post a few "Sold" ads.

From 1 Ebayer ......................Here`s page 1 .....................of 158 .
Pretty nice Ratwood if you ask me ............

 

[Creedmoor]

From 1 Ebayer ......................Here`s page 1 .....................of 158 .
Pretty nice Ratwood if you ask me ............


View attachment 341286 View attachment 341287 View attachment 341288

99.9% of the world would have left it also.
I'm now shocked we don't habitually find barkless negid trees in the woods.
But that is interesting to know. Thanks

 

[stocknup]

99.9% of the world would have left it also.
I'm now shocked we don't habitually find barkless negid trees in the woods.
But that is interesting to know. Thanks

Until I started carving myself , I was part of that 99.9 %
I`m Just happy to have a decent resource of it nearby .

 

[Creedmoor]

Until I started carving myself , I was part of that 99.9 %
I`m Just happy to have a decent resource of it nearby .

I use rat tree with no burning it in a stove.
I never would have thought. Good post sir.