polksalet Posted March 14, 2010 Share Posted March 14, 2010 (edited) A friend of mine in Arkie has asked me for some advice and I'm not sure what to tell him. Here is the quick and dirty. His father owned a small block of timberland and the neighbors had their land logged. The logger cut and hauled what appears to be a couple of loads of logs of of his dad's place. The dad is about to take legal action and gets sick and dies. Dad then leaves it to my pal. How does this affect my pal? I know all about forestry law but I can only assume that since the property was inherited and not purchased from his father's estate that the logger is now liable to my friend. Any thoughts? Edited March 14, 2010 by polksalet Quote Link to comment Share on other sites More sharing options...
muck Posted March 14, 2010 Share Posted March 14, 2010 A friend of mine in Arkie has asked me for some advice and I'm not sure what to tell him. Here is the quick and dirty. His father owned a small block of timberland and the neighbors had their land logged. The logger cut and hauled what appears to be a couple of loads of logs of of his dad's place. The dad is about to take legal action and gets sick and dies. Dad then leaves it to my pal. How does this affect my pal? I know all about forestry law but I can only assume that since the property was inherited and not purchased from his father's estate that the logger is now liable to my friend. Any thoughts? Not a lawyer, but my guess is the logger is liable to the estate, not your friend (unless your friend inherited 100% of the estate). Quote Link to comment Share on other sites More sharing options...
polksalet Posted March 14, 2010 Author Share Posted March 14, 2010 Not a lawyer, but my guess is the logger is liable to the estate, not your friend (unless your friend inherited 100% of the estate). Yeah that's my feeling as well. Quote Link to comment Share on other sites More sharing options...
Furd Posted March 14, 2010 Share Posted March 14, 2010 The owner of the property would be the proper party to file a civil action. Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted March 15, 2010 Share Posted March 15, 2010 get a lawyer Quote Link to comment Share on other sites More sharing options...
Beaumont Posted March 15, 2010 Share Posted March 15, 2010 The estate is the proper party I believe. The claim does not pass with the property through probate. Quote Link to comment Share on other sites More sharing options...
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