Wood ownership on ROW?

What is the name of your state?Maine: A future neighbor purchased a 3 acre houselot with no road access but a deeded right of way across my 8.5 Acre property. He has cut and sold wood from a 50 ft by 600 ft ROW forested by mature mixed hardwoods and white pine which was seperated in piles for tree length hardwood and pine sawlogs. He has declined my repeated requests for reimbursement for the value of the wood. He has declined providing me copies of receipts of sale of this wood from the wood trucker. Explanation started with, " the wood has no value"' to "Some of it was from my land only"' to "I own the wood on the ROW and have no intention of paying you". I anticipate incurring costs for a forrester to estimate the value of the wood and legal costs for securring reimbursement. I have also heard of a law allowing tripple damages for theft and sale of wood.

Am I entitled to receive the proceeds for wood sales? Could I file a criminal complaint for theft?

c aderman said:

What is the name of your state?Maine: A future neighbor purchased a 3 acre houselot with no road access but a deeded right of way across my 8.5 Acre property. He has cut and sold wood from a 50 ft by 600 ft ROW forested by mature mixed hardwoods and white pine which was seperated in piles for tree length hardwood and pine sawlogs. He has declined my repeated requests for reimbursement for the value of the wood. He has declined providing me copies of receipts of sale of this wood from the wood trucker. Explanation started with, " the wood has no value"' to "Some of it was from my land only"' to "I own the wood on the ROW and have no intention of paying you". I anticipate incurring costs for a forrester to estimate the value of the wood and legal costs for securring reimbursement. I have also heard of a law allowing tripple damages for theft and sale of wood.

Am I entitled to receive the proceeds for wood sales? Could I file a criminal complaint for theft?

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**A: post the language from clause from the recorded ROW agreement indicating ownership and maintenance of the land.

Deed wording

My deed includes the following Clause:

Excepting and reserving to the grantors, theirs(sic) heirs, successors and assigns forever, a 50 wide right of way, to which the property is conveyed herein is and be subject, to serve the balance of the property, consisting of 3.09 acres and desribedin the deed to the grantors eecorded in.....and is easterly of the property conveyed hearin (the "Reserved Lot".) The easterly side is described as follows...... Said right of way being for all vehicles andall above or below ground utilitiesand for pedestrian traficto and from the reserved lot. Grantee, by acceptance of this deed, agrees thatthe Grantors and their heirs,successors and assigns shall have noduty to share in the cost ofmaintaining or improvin such right of wayuntil such time asthe Reserved lot is developed. Upon such development, Grantors, or then owner of the Reserved Lot, as the case may be, shall, on a going-forward basis, shall share equally in the cost of maintaining so much of said right of way as is used in common by the owner of the written-conveyed lotand the owners of the reserved lot.

c aderman said:

My deed includes the following Clause:

Excepting and reserving to the grantors, theirs(sic) heirs, successors and assigns forever, a 50 wide right of way, to which the property is conveyed herein is and be subject, to serve the balance of the property, consisting of 3.09 acres and desribedin the deed to the grantors eecorded in.....and is easterly of the property conveyed hearin (the "Reserved Lot".) The easterly side is described as follows...... Said right of way being for all vehicles andall above or below ground utilitiesand for pedestrian traficto and from the reserved lot. Grantee, by acceptance of this deed, agrees thatthe Grantors and their heirs,successors and assigns shall have noduty to share in the cost ofmaintaining or improvin such right of wayuntil such time asthe Reserved lot is developed. Upon such development, Grantors, or then owner of the Reserved Lot, as the case may be, shall, on a going-forward basis, shall share equally in the cost of maintaining so much of said right of way as is used in common by the owner of the written-conveyed lotand the owners of the reserved lot.

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**A: Ok, there is nothing stated regarding ownership of the trees, so the tress are/were yours. I suggest you go back to the attorney that drafted the row and ask why these issues were not covered.