I have relatives that are secretly selling timber from the land and not sharing the proceeds. How do I go about stopping this activity in the court system? Should I file a lis penden, quiet title, etc.

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Originally Posted by jlm557597

I have relatives that are secretly selling timber from the land and not sharing the proceeds. How do I go about stopping this activity in the court system? Should I file a lis penden, quiet title, etc.?

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Has the person who owned it died, and thus left it to your father? Has the estate been probated and the land distributed to your father?

If so, your father could go to court and seek damages from those people who have been cutting and selling the timber, and possibly injunctive relief against them taking any more. Are they claiming an interest in the land? If not, no, A quiet title action would not be required. A lis pendens is only needed when you are seeking to clear your title and someone else holds a claim to title of some sort.

Facts: the land was left by a relative approx. 5 generations back. Since then only a select amount of relatives have been profiting from the sell of the timber, secretly. When we ask questions, no info is given. I contacted the forestry dept in Alabama and was able to get the legal description of one of the property locations and it appears that the second land location may have been sold. So since I am encountering uncooperative relatives I must search on my own. I'm thinking maybe I should file a complaint for declaratory judgment along with a lis penden. What are your thoughts?

My thought is that, to find out who ostensibly owns the land, check with the tax assessor. Then check that person's title through at title company. If you have the legal description, they be able to to that for you fairly inexpensively.

If it's five generations back, tracing the chain of title through those five generations might be very complicated to do oneself.

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

If they have been secretly cutting timber how so you know about it?

As AK has said, the first thing you need to do is establish title. Until that is done you have no legal recourse.

You will have to do a title search of the property, and see if any of the ownerships of land was done improperly.

You will need copies of the will or probate proceedings that gave ownership to your father. And then find how it was owned, Then if you have any claim to your fathers estate, that would be claimed in probate for his estate and his estate could make claim to that land.

I recently obtain documentation from the Forestry office in Alabama and it shows the legal description, my great great grandmother's name as owner of the property and my dad's sister as the one paying the taxes. There is suppose to be 2 separate properties with timber, but I have no idea where its at and the Forestry office was not able to locate any more property in my great great grandmother's name and my aunt won't give out any info. Forestry office said it may have been sold. Would a title company be able to trace it if my great great grandmother's name was on it, even if it's owned by a new owner now?

They might, though that's less likely. Depends on how good the county's records are.

I also would not accept the Forestry's office word as accurate. The arbiter of title is the county registrar.

You also didn't answer how you know about secret harvesting.