I have a guy that want's to cut wood on property. I told him I had to think about it. My first concern is if he cuts his leg off am I going to lose everything I have...I am pretty sure the answer is 'yes'. If I can get past that I would want a 'share of the wood' he cuts. He told me to let him know what kind of deal I would make...again I am not sure I really want the liability if he has an accident. I don't have a lot of time to cut with him, so he would be doing this on his own, I am providing the trees, land, access for him and I am thinking that 60/40 split is fair (60% him and 40% me), chunked up into rounds is fine and I can split my 'share' when I have time. Do you think this is a fair split? More important do you think the risk of liability is just too much? Thanks.
Have him sign a release of liability form. There's one on this site, under resources I believe. Sent from my SM-T280 using Tapatalk
Not sure about a fair split. I'd be worried about the liability issue too but I'm sure you could work that out. Here's a start. Liability Wavier
Unless you know him well and trust his abilities, I would pass. If you decide to let him do it, I think 70 him, 30 you is a little more fair personally. I know I wouldn't cut wood for only 60 percent of the wood take myself. He still has fuel, equipment costs, and time to factor in.
I wouldn't let a person on our property to cut wood unless they had liability insurance and maybe even sign a Hold Harmless form. Hold Harmless Clause
I have cut a lot of firewood on other peoples property. I have never had anyone mention any concerns about the liability of it. I know some people who would not have any place to cut at all if they didn't cut on someone else's property. You maybe should check with your insurance agent, but I don't think it will be a problem.
Ask around the area about him. He might be a stand up guy and turn out to be a great friend. If you are really that mistrusting of people, do him a favor and tell him no. I've hunted, fished, trapped, foraged, cut wood, farmed, hayed and grazed livestock on others property for over 50 years, never once was I asked to sign a thing or even shake hands, all done on a man's word, face to face, looking them in the eye. For the last 25 I've been a landowner and treated people who asked to hunt, pick berries, cut hay, etc the same way.
It's more than a fair split. I'd find out who this person is though, I'd do a full background search on him. When someone offers what looks like a good deal I'm always suspicious.
I still respect and honor hand shakes and a man's word...just not as many real men around anymore. I just don't know the guy well enough to have a comfort level with him and if he's safe in the woods. If I can find some time I might invite him over to cut for a bit together and split the take 50/50, it will all depend on time availability.
Good Deal, there were some Old Timers that gave me a chance when I was young and dumb, I was so poor my word was all I had. I've never forgotten that and try to help the young/ new guys all I can.
I've signed more than one hold harmless waiver, I carry one around with me sometimes. I assure the property owner that I have health insurance coverage if I'm hurt on their property. I think they cover the property owner pretty well. Give the guy a chance. As far as an equitable split I'd say 70/30 him & you would be about as much as I'd cut for someone else unless just helping out. Insist on chaps & other appropriate safety gear being worn while cutting.
The problem today with insurance companies, is, even if you both have insurance, if someone on your property gets injured while having permission to be there, his insurance company will sue your insurance company for damages. As much as I don't like it (I still believe in a handshake deal), it's just not safe for a landowner to let someone on their land without a release of liability. Crazy world
I have cut wood on many properties. A couple landowners had me sign a release which was just fine. My gut feeling on the OPs situation is the concept of "consideration". That being once you are asking him to cut for you on a %, that could be construed by lawyer types as "payment". Once you hire someone to do something and injury results, IMHO you are much more culpable for damages than if you just let someone come in and cut the wood for free.
I'm assuming this guy is cutting firewood for his own use, not to sell? I would probably give you a 1/3 and sign a waiver if you felt it was necessary. I would do it for 50% if we worked together, but not if I was doing all the work. The only way to have a good neighbor is to be a good neighbor That being said, I don't own ground and cut on my neighbor. He's a good neighbor and we get along great. I take my atv and dog for a run around his property every evening. I keep the trails cleared and have made a few trails also.
We have allowed several folks to cut wood on our land but have never asked them to sign anything. I have however went out with them a time or two just to satisfy myself that they knew what they were doing. I even taught a couple fellas how to fell a tree as they had never done it before. I worked with them a couple days before letting them work on their own. As for the shares, I guess being an old farmer I still go by the 1/3 - 2/3 split. It is your land and your trees so you should get 1/3 of the wood he cuts. I would also make sure it was cut to your specifications. If you want 16" wood but he cuts 18" wood, that would not work at all. Same goes for cutting it short. It must be done right and also it must be agreed what to do with your share. Should he bring it to the house or leave it in the woods. Of course, no matter what it must be stacked. How else can you judge the amount?
I am the same way. Other than a few people that owe me some money, this has always worked well for me.
Personally, I think giving someone 1/3 of the "they're" wood right back to them is a very fair deal. I totally agree about cutting to spec and stacking and having a couple handshakes before and after
I find it in no way, shape or form difficult to agree with you, ol’ Chap... but then again, I also don’t find it difficult to respect my elders, or to respect anyone from whom I may learn something. Perhaps it’s a bit of humility, but most definitely from a lack of beating my chest.
