my neighbor is having some of his land lumbered. i've seen the paint on the trees, and talked to his wife about it. He and the logger think it would be a shorter distance to his wood if he parked the logging machines on my land, and created a road for about 300 feet or so, til he can cross onto his land. I also think that if he did this, he wouldn't have to build a bridge over a stream- which would obviously be cheaper for him, and i guess it would probably be better for the stream, too! so- I am a little uneasy about this happening on my land. Those machines are real big and loud, and i'm not sure about ruts and mud. and what my dog might think. But I see the benefits, but don't want to give away a "free lunch" to my neighbor. I don't want to be greedy or anything, but I think i deserve something if i let them do this on my land. Is there a going standard or rule of thumb? What do other people do? Should i charge something?

Sandy,

Compensation for the use of your land is ultimately up to a negotiation between you and your neighbor; I am not aware of any standards for this situation. Avoiding a stream crossing is most definitely a prefered best management practice for timber harvesting and would be less of an impact to the property and stream system.

Depending on the level of trust you have with your neighbor, I would consider a contract and bond. The contract would serve as a written legal agreement that would detail the condition of your property post harvest, particularly focusing on residual slash/logging debris, road condition, liability, money rec'd for any timber cut to create road, etc. The bond would serve to ensure that the terms of the contract are met, and if the contract is defaulted on then it gives you some finances to fix any problems.

I am aware of neighbors that know each other well and also trust each other to simply have a verbal agreement and "hand shake deal." Ultimately, you need to trust your instincts.

If you would like further advice and discussion, I recommend contacting your state service forester (you can find on the front of masswoods.net by typing in your zip code); or you could also consider hiring a consulting forester to represent you in this deal.

Cheers, Tom Ryan

Sandy-
I really like tom ryan's thoughtful response. some good advice there about trusting your instincts and knowing your neighbor. in terms of compensation, there are no hard and fast rules. but i think you could perhaps look at this as an opportunity- maybe the logger could leave a little firewood on your land for you to then work up? maybe as long as they have heavy equipment there, you need some work done to improve a road on your land, or your driveway? maybe you make sure they put a few large boulders or something in place to block the road once they leave, to ensure that other people don't start using this as a new access way to your land? you might think about this as an opportunity to have something done on your land...? that you otherwise might have to pay for.

I am a forester and have seen many different types of arrangements from no compensation to 10% of the sale. Your neighbor may be asked by the service forester to make a request to use your property for a timber sale, if using your property would avoid crossing a stream or other resource area. I would be conserned about exposure to liability, you may want the logger to indemnify you from any liability resulting from the sale. The logger should be insured and you can be added to his policy for the single logging activity for a minimal fee.

I am a forest landowner as well and have allowed abbutters, and been allowed by abbutters to use their land to acces a road at no cost. If the landing is on their property and the trucks are just driving over your property I believe you have little exposure. Each situation is unique. Having a forester looking into your interests on this type of condition is advisable. Good Luck,

Jack