Sounds to me like you have a breach of contract on your hands. Now, of course, without seeing the actual contract, I can only give some generalities. That said, if the contract states that in exchange for a certain payment to you as the land owner, the lumber company may take all of the pine on 2 lots (the 20 and 40 acre), but are not allowed to take the hardwood, and they make payment but still take the hardwood, that sounds like they are in breach of the contract. While it may not be that cut and dry, let’s assume it is and that it is a breach. Well, you aren’t going to be able to get the trees back, they’re gone… so, you have to go after money damages. Upon demand, the lumber company may make an offer to you before any court action. Even if they do, I would highly advise seeking the counsel of an attorney. And if court action is necessary, do not go at it alone. Litigation is far more complicated than it may seem. I don’t see in your description when the incident happened so I would advise seeking a consultation with an attorney sooner rather than later.
Answered on Oct 29th, 2013 at 11:36 AM