Who is liable when a title company makes a mistake?
Who is liable when a title company makes a mistake the buyer, seller or title company. – Q&A – Avvo Who is liable when a title company makes a mistake the buyer, seller or title company. I just recently sold my home. The title company closed on my home short of the payoff. They gave the buyer the key and let them move in.
Is there an insurance policy for timber trespass?
The existence of insurance creates the possibility of a fair settlement without even having to file a lawsuit. If you have questions about timber trespass, we would be happy to speak with you. You can call us today at (603) 883-0797, or use our contact page.
What happens if a mistake is made in a contract?
If this party is able to prove the other party made a unilateral mistake and did nothing to rectify it, the contract may be void and unenforceable. A mistake can also occur when all the parties are together in the same place and at the same time.
Do you get compensatory damages for tree cutting?
Compensatory damages for tree cutting Stumpage value, however, does not always represent the full value of a tree. In a residential setting, a tree’s value more likely derives from providing shade, privacy, or beauty. In those situations, the tree owner may recover compensatory damages in addition to the statutory stumpage value.
What’s the most common reason for timber theft?
“The majority of timber theft occurs under what has been deemed a ‘culture of theft’ [emphasis added]. This [culture] is responsible for the belief that taking. . .trees here or there. . .has no real ‘harm’ but is necessary to allow the logger to ‘make a buck’.
Is there still a problem with timber trespass?
While timber trespass may still be a concern in the lumber industry, with greater sophistication of operations and advancements in technology, the risk of theft of merchantable trees is presumably lower than it was in 1869. More importantly, it is hard to imagine that emotional distress is much of a component.
How is the value of a tree determined in timber trespass?
Plaintiffs alleging timber trespass under the statute can seek damages for the economic value of the trees. These economic damages are multiplied by three (aka “trebled”), even if the trees have no stumpage value. So, for ornamental trees and shrubs, the value is typically determined by the restoration or replacement cost of the vegetation.
Can a tree owner recover for actual losses caused by actual losses?
Unsound trees that threaten a neighboring property are not under the same legal protection as healthy trees. In some circumstances, for example, if a dead tree is about to fall, a neighbor can even enter an owner’s property to prevent any harm. Can a tree owner recover for actual losses caused by tree damage? Yes.