Outdoors
Sponsored by

What's an oak tree worth?

34,644 Views | 100 Replies | Last: 5 yr ago by two1993ags
MW13
How long do you want to ignore this user?
AG
That would have been so great to witness.
Terk
How long do you want to ignore this user?
DriftwoodAg
How long do you want to ignore this user?
AG
If he's a lawyer, he probably knew he could do it. May not be a good idea to get in a legal fight
Dirty-8-thirty Ag
How long do you want to ignore this user?
AG
Well, if you haven't spoke to him in that long, and he considers you out of the will, there is no reason to play nice. Make sure the trees are yours before getting the ball rolling though.
aggiedent
How long do you want to ignore this user?
AG
I think the relationship has degraded to the point where a swift kick in the balls ought to be the next step.
86Pilot
How long do you want to ignore this user?
AG
He's a damn sneaky lawyer at that. When he did the paperwork he cut out the 50' strip giving him access to another county road on the back side of his place. He also gave himself a first right of refusal to buy the place if we ever decide to sell it. And get this: the first right of refusal is at the original purchase price 20 years ago. This is his claim anyways (when I threatened to sell the place 10 years ago he laid that gem on me). So while doing all the legal work for the transaction he gave himself about 2 acres of land (50' X a quarter mile or so) and a FROR at the original purchase price. He's a real winner. An Ag too. If you can believe it
Ark03
How long do you want to ignore this user?
AG
quote:
I thought it was a roast so I took the microphone first and just absolutely embarrassed the guy and had the whole place rolling. He wasn't laughing.
...
This property is in rural east Texas.
Well, as an East Texas boy myself, that explains a lot.
Dirty-8-thirty Ag
How long do you want to ignore this user?
AG
Does your wife know her dad is a shiester? Or just act like he hung the moon.
HTownAg98
How long do you want to ignore this user?
quote:
He's a damn sneaky lawyer at that. When he did the paperwork he cut out the 50' strip giving him access to another county road on the back side of his place. He also gave himself a first right of refusal to buy the place if we ever decide to sell it. And get this: the first right of refusal is at the original purchase price 20 years ago. This is his claim anyways (when I threatened to sell the place 10 years ago he laid that gem on me). So while doing all the legal work for the transaction he gave himself about 2 acres of land (50' X a quarter mile or so) and a FROR at the original purchase price. He's a real winner. An Ag too. If you can believe it

I'm not sure he can structure a right of first refusal in that manner. I'd like to see those documents.
Ark03
How long do you want to ignore this user?
AG
quote:
I think the relationship has degraded to the point where a swift kick in the balls ought to be the next step.
Who gets to kick who? I can just picture the wrath of a proud old man who got absolutely roasted by a son in law.
Dr. Faustus
How long do you want to ignore this user?
AG
In for the ensuing story.
doubleag91
How long do you want to ignore this user?
AG
Bad situation. If your wife loves her dad, you should extend the olive branch.
End Of Message
How long do you want to ignore this user?
SECond2noneAgs
How long do you want to ignore this user?
AG
quote:
Bad situation. If your wife loves her dad, you should extend the olive branch.
It probably never should have gotten as far as it did. A lot of hubris on both sides is the only explanation for it to have gotten to this point.
Clem
How long do you want to ignore this user?
I'm not the most knowledgeable on the subject, but if your lawyer, unbeknownst to you, snuck in a lot of clauses without your explicit consent that directly benefit him to your detriment, I would think you would have a wonderful case of attorney malpractice.

The fact that your lawyer was your father-in-law would probably hurt him in the eyes of the court, as he was screwing over his own daughter who had a trusted relationship with him.

I almost want to call BS on the situation as the amount of a-holeness that would be required by the FIL is so outrageous.
Sean98
How long do you want to ignore this user?
AG
quote:
If he's a lawyer, he probably knew he could do it. May not be a good idea to get in a legal fight
Or he's a grumpy old f*** who thinks he can do whatever he wants anywhere/anytime.
Clem
How long do you want to ignore this user?
Exactly how he sounds. Turn the tables on him. If he was acting as a trusted adviser, then he had an obligation to look out for your best interests when that contract was written by him.
TwoMarksHand
How long do you want to ignore this user?
AG
How did I not click on this thread earlier. So good.
Post removed:
by user
The Wonderer
How long do you want to ignore this user?
AG
^^^That.


I'm hear for the stories....
AgEng06
How long do you want to ignore this user?
eric76
How long do you want to ignore this user?
AG
quote:
quote:
He's a damn sneaky lawyer at that. When he did the paperwork he cut out the 50' strip giving him access to another county road on the back side of his place. He also gave himself a first right of refusal to buy the place if we ever decide to sell it. And get this: the first right of refusal is at the original purchase price 20 years ago. This is his claim anyways (when I threatened to sell the place 10 years ago he laid that gem on me). So while doing all the legal work for the transaction he gave himself about 2 acres of land (50' X a quarter mile or so) and a FROR at the original purchase price. He's a real winner. An Ag too. If you can believe it

I'm not sure he can structure a right of first refusal in that manner. I'd like to see those documents.
I wonder if it might constitute "Unjust enrichment".
Thunder18
How long do you want to ignore this user?
AG
In
Tagguy
How long do you want to ignore this user?
AG
Don't forget to factor in the sentimental value on those trees. You know from all the good memories of violating his daughter underneath them in various depraved ways.
Ark03
How long do you want to ignore this user?
AG
quote:
Wow, just wow.



First, there is a lot of questionable legal advice in this thread without a lot of facts. "ROW" is not necessarily synonymous with easement but determining the terms of any such agreement is the first question. BG is probably on the right track with his original answer but without more details there could be numerous other issues. My only caveat would be on valuation. It is possible (even likely) he has the right to clear the trees from the easement in order to build a road. In that case the value would basically be their salvage value as opposed to some astronomical number suggested by many others.

Second, you need to figure out with your wife if this is a fight you want to have. It sounds like things are pretty sour already, but it is possible things could go completely nuclear pretty quick depending on your next move.
OP clarified earlier the value he is looking for is the lumber value and not the aesthetic value.

Your last paragraph is the crux of the issue for me. While the OP needs to find an attorney to move forward, if I were in the OP's shoes the very first thing to do is sit down with the wife and decide if there is any relationship at all here to salvage - for his wife, or with any children who know their grandfather. I wouldn't count on maintaining any of those relationships if he pushes the issue.
BoerneGator
How long do you want to ignore this user?
AG
The implication is that the 50' RoW is an easement on the OP's property, but the OPs not looking for a squabble, nor advice on how to "get even". He just seems to want to know what (if any) compensation is coming to him if indeed the FiL acted legally, if not "neighborly".

If 'push comes to shove', I believe OP can defeat the RoFR price "lock-in", in a courtroom, should it come to that.
86Pilot
How long do you want to ignore this user?
AG
quote:
The implication is that the 50' RoW is an easement on the OP's property, but the OPs not looking for a squabble, nor advice on how to "get even". He just seems to want to know what (if any) compensation is coming to him if indeed the FiL acted legally, if not "neighborly".

If 'push comes to shove', I believe OP can defeat the RoFR price "lock-in", in a courtroom, should it come to that.
Thank you Boerne. Could not have said it any better myself. I'm not the suing type. I'm not going to take anyone to court. I just wanted to know how much money 6-8 200+ year old oak trees are worth at the lumber mill. I'll just wait for the old man to die and then sell the place. Now if it turns out he stole the trees from me, then I will have to try and address that with him. My wife is on my side of this deal. I'll look for the original paperwork tomorrow and update here if there's anything substantial to report. I live overseas and the file may be locked deep in a storeroom until I get home in three years. But it's possible I brought it with me. I'll know tomorrow.

Here's another beef I'm having. What if one of the trees was at 54' instead of 50'. Now that's thievery in my book. Someone took an orange spray can and hit some trees along the line to demark the clearing line. I'm not sure if he did that or the lumber man did it.

Last beef is this. Just to add insult to injury, all the excess limbs were thrown on my side of the 50' line. On my property. Who's going to clean that up? I think I'll just bend over and ask for another m
Sean98
How long do you want to ignore this user?
AG
No.... the implication is that grandpa is an asshat and we all want to see the old man pay!!!

Push him into a wood chipper!!
BoerneGator
How long do you want to ignore this user?
AG
quote:
No.... the implication is that grandpa is an asshat ...
That was more than implied.
NW80
How long do you want to ignore this user?
AG
ANYONE Who would cut down a 200-300 yr old Oak Tree( under any circumstance) is a needle-**** !
NW80
How long do you want to ignore this user?
AG
Any "man" that would sacrifice a 200-300 yr old Oak is a needle****!
Fight him!
NW80
How long do you want to ignore this user?
AG
Oh .... and don't name any of his grandkids after him!
eric76
How long do you want to ignore this user?
AG
quote:
quote:
The implication is that the 50' RoW is an easement on the OP's property, but the OPs not looking for a squabble, nor advice on how to "get even". He just seems to want to know what (if any) compensation is coming to him if indeed the FiL acted legally, if not "neighborly".

If 'push comes to shove', I believe OP can defeat the RoFR price "lock-in", in a courtroom, should it come to that.
Thank you Boerne. Could not have said it any better myself. I'm not the suing type. I'm not going to take anyone to court. I just wanted to know how much money 6-8 200+ year old oak trees are worth at the lumber mill. I'll just wait for the old man to die and then sell the place. Now if it turns out he stole the trees from me, then I will have to try and address that with him. My wife is on my side of this deal. I'll look for the original paperwork tomorrow and update here if there's anything substantial to report. I live overseas and the file may be locked deep in a storeroom until I get home in three years. But it's possible I brought it with me. I'll know tomorrow.

Here's another beef I'm having. What if one of the trees was at 54' instead of 50'. Now that's thievery in my book. Someone took an orange spray can and hit some trees along the line to demark the clearing line. I'm not sure if he did that or the lumber man did it.

Last beef is this. Just to add insult to injury, all the excess limbs were thrown on my side of the 50' line. On my property. Who's going to clean that up? I think I'll just bend over and ask for another m
If you wait until he dies to sell the place, you have to worry about whether he might have been able to will that right of first refusal to someone else.
Chazz03
How long do you want to ignore this user?
AG
Age of tree would not matter as much as the size. What was the circumference of the trees?


Once that is known then it is based on the ton

http://texasforestservice.tamu.edu/uploadedFiles/TFSMain/Manage_Forest_and_Land/Landowner_Assistance/Timber_Harvesting/Timber_Price_Trends/TTPPSeptember_Octoberweb.pdf
86Pilot
How long do you want to ignore this user?
AG
quote:
If you wait until he dies to sell the place, you have to worry about whether he might have been able to will that right of first refusal to someone else.
We thought about that exact implication. Is it possible that he could pass it on to someone else? Surely not.
Page 2 of 3
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.