Fire from neighbor's land

   / Fire from neighbor's land #41  
Instead ask how much it is to replace those trees. Same maturity, same height, in the ground. If my neighbor burned and killed several of my trees through negligence I would insist they be replaced with live trees equivalent to the trees killed. Logged trees aren't worth near what live trees in place are.
That is what happens here. You will get what the market price is when the tree was cut. I don't have a tree worth $1000 in my lifetime.
 
   / Fire from neighbor's land #42  
I doubt very seriously that this time of year that mature trees were damaged/killed, it's commonplace here in the South to do controlled burns until the sap starts to rise, it's getting close but I doubt they were damaged.
 
   / Fire from neighbor's land #43  
I can't gauge your loss, or what you are hoping to get, but one approach would be to ask for a Pole Building the same square footage as your trailer. It doesn't matter the age or condition of the trailer. It still served the function of xx square feet of storage.
 
   / Fire from neighbor's land #44  
I'm told pine trees can survive a fire as long as the crown is not damage or burnt

You may not know if the trees are damaged for several weeks before they turn brown.

I hope this turns out OK for everybody.
 
   / Fire from neighbor's land #45  
I'm told pine trees can survive a fire as long as the crown is not damage or burnt

You may not know if the trees are damaged for several weeks before they turn brown.

I hope this turns out OK for everybody.
It always depends, lonfleaf can burn every leaf when young.
 
   / Fire from neighbor's land #46  
Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.
The other farmers liability insurance policy will pay for the damage to your property. At this junction, no need for lawyer. You should receive the value of the damage. Don't expect to get a new trailer for the old one. If it were me and the trailer was used only for storage that I would not use except for the fact it was there, I would settle for a cash payment and be done.
 
   / Fire from neighbor's land #47  
According to the OP's first post;

there is a no burn order for the whole state.

I don't know what state OP lives in, but in my state, there is an agricultural exemption during a whole state burn ban.
 
   / Fire from neighbor's land #48  
The other farmers liability insurance policy will pay for the damage to your property. At this junction, no need for lawyer. You should receive the value of the damage. Don't expect to get a new trailer for the old one. If it were me and the trailer was used only for storage that I would not use except for the fact it was there, I would settle for a cash payment and be done.
Don’t omit value of stored items.
 
   / Fire from neighbor's land #49  
What the hell is going on with the quotes on this page?!?!


Anyways, OP, I'd talk to the man after you get your head wrapped around what was lost. He called YOU to tell you and probably work towards a solution. Might be a bit early to figure that out, but the line of communication is open and he knows he caused a mess. That's 90% of it right there I think. His insurance should cover your loss, since it was his fire started on his property. Fire/Police and all that are already involved, I would see if they reach out to you as well.

Funny to me that he had to call you, I know you said your kids live there, but didn't they notice their land burning down? Not my business though.
Where did you get that the neighbor and not his children called him seeing as his initial post it said “got a call” didn't say from whom. Could have been from the forestry service.
Read in a later post that the initial call was from his daughter.
OP never said what his or his living onsite children’s relationship is with the neighbor. Any advice I would suggest on what to do next would hinge largely on that bit of info.
I would however suggest a detailed inventory of everything that was lost with an accurate value assessment included. Trees are tough to determine, either consider a total lost or a beneficial lost if you had plans to clear, you might be able to offset some expense of clearing. My experience is if insurance is involved, initial they will lowball you (insurance companies are in the business of collecting premiums—making money—not paying claims)
While not a big fan of lawyers (or politicians or bankers—as another poster listed) add insurance companies. However the facts of life are that all are needed at different points in our lives.
Good luck, hoping all works out for you soon.
 
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   / Fire from neighbor's land #50  
Some people do not realize the value of select mature trees. It can easily be in the thousands...
Apparently you are one of those people. I spent a lifetime in the sawmill business and I never ever knew or heard of any tree that had the value you suggest.
 
   / Fire from neighbor's land #51  
A lawyer would not be meh first option. Give the guy a chance to name things right. He will have enough grief by burning when he was not supposed to. Years ago when burn barrels were at about every home the wind blew some paper that I was burning to my neighbors strawberry patch. It was early in the season and io told her I would for any berries she lost. Strawberry season came and went but I did not hear from her, so I went over to ask her what I owed. She laughed and told me she had the best season ever.
 
   / Fire from neighbor's land #52  
Try to handle it without dragging lawyers into it, the shoe could be on the other foot one day.
My thoughts, exactly.
More of my thoughts, the fire probably helped the land more than hurt. As far as the trailer house the replacement value of it and contents is something to work out with your neighbor.
Always keep in mind that you may need your neighbor's help someday. He did not have to call you. Did you help put it out?
Please, be a good neighbor about it.
"Do unto others as you would have them do unto you."

Mule
 
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   / Fire from neighbor's land #53  
Apparently you are one of those people. I spent a lifetime in the sawmill business and I never ever knew or heard of any tree that had the value you suggest.
It depends if the tree is valued as timber or an ornamental/shade tree. I used to be a certified arborist and was called to provide value for trees cut when a logger went across the line, into a new home lot. The trees he cut would have been in the immediate backyard of the proposed homesite.

Timber versus ornamental/shade tree value are vastly different. Monetarily, they settled somewhere in between the two.
 
   / Fire from neighbor's land
  • Thread Starter
#54  
I have spoken to several agencies that were there and found out he was spot burning some grass along his driveway with a portable tourch and when he looked behind him the sage grass was burning out of control. As mentioned before I don't live there but my daughter has made several attemps to contact him and she finds his gate closed, the house is a long way from the gate. I have not gotten in a big hurry cause I was hoping he would contact me and if not then I'll make a better effort when I go to fix the road and clean up the mess made while cutting the fire breaks. My son has been there cleaning up the trailer and when it dries up some from all this rain I'm going to carry my tractor and clean up. Thanks for all the advice and yes I will talk to him before I get legal involved.
 
   / Fire from neighbor's land #55  
Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.
If you know the neighbour, try and work it out with him. If not take a lot of photos and notify authorities.
 
   / Fire from neighbor's land #56  
Apparently you are one of those people. I spent a lifetime in the sawmill business and I never ever knew or heard of any tree that had the value you suggest.
The rare and hard to sell veneer log is the only one.
Most logs don't bring much over pulpwood prices to the grower.
 
   / Fire from neighbor's land #57  
Seriously? You can't put yourself in his position and think how you would want your neighbor to treat you if you were in his position?
 
   / Fire from neighbor's land #58  
Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.
I’d make certain to get an official report from the Police or FIRE agency for that area just to CYA down the road.
 
   / Fire from neighbor's land #59  
Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.
Be very careful! Noting that he broke the law while negotiating can be construed as extorsion. Technically, if you know he broke the law you are required to report it.
I would start by asking him his intentions. If you are not happy, get a lawyer. If happy, get it in writing. Note that in some states, the DA will require him to provide proof of restitution.....
 
   / Fire from neighbor's land #60  
Make sure you fully document what happened and your losses. Much easier to do this now and preclude memories from changing later. Lots of pictures will help along with reports from Fire Department, police, neighbor descriptions, etc.
 

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