Q: I had some timber cut from my land. I verified this by having my land surveyed last week. I recorded the surveyor
I found 14 trees cut. I contacted the logger. I went back to the area and the logger painted some trees, redrawing the line. After contacting the logger, he said only 4 trees where cut and survey's aren't as accurate as his gps. I have a Forrester coming out to give me a value of my timber. I have reported it and had an officer out to investigate. I'm in Carroll Co. Tn . Any advise welcomed. Thanks .
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A: This is both a trespassing and conversion case. There is a criminal statute but you will not be able to do both probably, mainly because of the amount of money involved. You will need your Surveyor as a witness on the land lines, and should have a lumber man to put in evidence the damages. It can be filed in General Sessions Court, but then you might have to try it twice. You need a lawyer because it becomes primarily a boundary dispute which cannot go to Sessions, but that gets you to Court alot faster even if you have to go to a Court of record. Also there may be several defendants, but you can put a judgment lien on the adjoining landowner/timber seller's property.
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