Permission to Cut Wood

[EPS]

Merry Christmas!

My son and I were taking a nice Christmas walk in the woods behind our house and spied many downed trees. Most of them are not on my property, but part of a vast 70+ acre plot of land that belongs to a neighbor I've never met ( I think it is a seasonal vacation spot). I'm about to write a letter asking for permission to saw up these downed trees, but I am wondering if anyone is aware, or in possession, of a legal waiver I could fill out guaranteeing that I am cutting the already downed trees at my own risk?

Thanks and Happy New Year!

 

[jmb6420]

Google search :

waiver for cutting firewood - Google Search

 

[jmb6420]

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Give this a go, feel free to change if needed

Firewood cutting on Private land
WAIVER AND RELEASE OF LIABILITY

I, the undersigned, after due consideration of my age, health, physical condition and ability, and understand the inherent risks involved in the PROCESS OF CUTTING FIREWOOD, hereby release, and agree to indemnify and hold harmless
(LAND OWNER) _________________________ and any of their respective insurers, heirs, employees, agents and representatives from liability for any injury, loss or damage resulting from my participation in any activities contemplated by this agreement, whether such damage, loss, or injury is anticipated or unanticipated, or whether it results from the negligence of LAND OWNER, or any of their respective insurers, heirs, employees, agents and representatives.

I realize that cutting firewood may involve risks and hazards, including the risk of injury and possible death. I am aware of the risks and hazards inherent in cutting firewood and do hereby assume sole responsibility for all such risks and waive all claims against LAND OWNER and its respective agents, representatives, officers, employees, successors, assigns and insurers.

I authorize LAND OWNER to obtain medical attention for me in case of emergency if unable to reach the physician stated below, and I release LAND OWNER for such medical attention.

By signing this Waiver and Release, I hereby acknowledge that I have read, understood and voluntarily agreed to the foregoing waiver and release agreement.

Person cutting firewood|

Print name: _________________________

Address: ___________________________

Phone: _____________________________

Signature: __________________________ Date: ________________

LAND OWNER

Print name: _________________________

Address: ___________________________

Phone: _____________________________

Signature: __________________________ Date: ________________

SIGNATURE OF PARENT OR GUARDIAN IF FIREWOOD CUTTER IS UNDER 18 YEARS OF AGE

Signature __________________________Date:________________ Phone________________

Emergency Contact Name:_________________ Phone: ____________________

Name of Physician: Phone:

 

[Bad LP]

If I was going to allow such activity on my property there would be a clear understanding on what trees and access. Trees would be marked and you can bet I’d be watching closely.

 

[peakbagger]

It pretty easy in NH to figure out who owns the property. Just stop by the town hall and look at the tax maps. Some towns have them on line on their website. Once you know the map and lot number the town clerk can give you the property owner of record (which is a public record). One of the issues you could run into is if the land is under conservation easement. That may or may not be on tax card for the lot which is also public record. If its under conservation easement, even the owner may be limited to what they can do with it including cutting wood. It most likely is in "current use" status but that mostly a means of keeping land from being developed and would not impact the ability to cut downed wood if the owner give his permission. Note that NH has a strong recreational liability waiver law and long term support from the courts that the landowner is not liable for members of the public who get injured on their property as long as its not posted. This does not apply to commercial agreements so if the money or value passes hands, the owner is on far shakier grounds.

If its a local who owns it, this is a good chance to introduce yourself to the owner. If its someone from out of state its a toss up. If its a timber management organization, its pretty rare for them to let you cut on their property.

Smart property owners that arent local realize that they can not be there all the time and its good thing to have the local neighbors keep an eye on the property when they are not there. Timber trespass and dumping happens and having neighbors keep an eye out can make a difference. They may be receptive to a neighbor cut downed wood. If the owners are using the land for recreation there is usually a means of access they use like an old woods road, they may trade you the opportunity to cut downed wood in exchange for keeping the access open. Some owners "from away" just do not want to be bothered and regard the locals with contempt. The joke is the helpful locals will respect their wishes but the folks who tend to be the worst neighbors ignore the owners and do what they darn well please.

If you do live near the national forest you can by a permit to cut downed wood on FS land.

 

[EPS]

I've looked at the tax card and the land belongs to an out of state guy, so I don't know how often he's there or if he rents it out or what. Either way, i have feeling that he or whoever stays there has not been in the section of the woods we were in for some time. I'll send a letter to him with one of these waivers, give me a project for the winter.