[WSBARP] Logging proceeds

[Tom Westbrook]

Hello Craig,

 

Timber is part of the real estate until severed. However, that does not mean
it is waste for the owner of the land to harvest the timber on land subject
to a DOT unless there is a specific timber harvest restriction clause. 

 

Waste encompasses a variety of injuries that may occur to real estate,
including the removal of timber. Seattle-First Nat'l Bank v. Brommers, 89
Wash.2d 190, 202, 570 P.2d 1035 (1977). Nevertheless, the removal of timber
constitutes waste only if it decreases the value of the land. 2 H. Tiffany,
Real Property § 634 (3d ed. 1939); 4 G. Thompson, Real Property § 1853
(repl.1979). Kruger v. Horton, 106 Wash. 2d 738, 743, 725 P.2d 417, 421
(1986)

 

So, the question is as to value not as to timber harvesting. Most
residential appraisals do not take into consideration the value of timber as
residential appraisers don’t know how to value timber. 

 

Obviously the lender is entitled to payment of the debt. If removing the
timber reduces the value of the property such that the debt is not paid from
the foreclosure sale, then your client is treading on thin ice. If the value
of the real estate is high enough to pay off the loan, then is there any
waste as to the lender? I don’t think the lender is entitled to get more
than what is due them.

 

Hard one to advise to log without an expert opinion on value and how that
plays into repayment of the debt. Would be an interesting case to argue for
sure but client may be putting herself in harm’s way.

 

Love to hear what you decide to advise J

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

cid:image001.jpg at 01CFC835.0D3988D0

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com> www.buddbaylaw.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Tuesday, October 03, 2017 5:59 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Logging proceeds

 

Listmates,  I have a client in foreclosure that wants to log the parcel
prior to the sale.  My instincts say she is committing waste and that the
lender will grab the proceeds.  I have looked at the DOT and it really does
not say much about this scenario.  She has little or no money so can’t
afford for us to do any research.  Thought I would ask the collective
intelligence of the list if there was some exception before I told her it
was a bad idea. Thanks, Craig 

 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

 

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.568.8092  fax

 <mailto:Craig at glgmail.com> Craig at glgmail.com

 

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