100 bucks is 100 bucks. It doesn't cost you anything and in reality it didn't do any harm. Your 100 trees are helping to keep this wonderful cottage industry going. Just my 2 cents.

You'll still see the tubing in the adjoining trees/land regardless, correct? If yes, then I would do it, assuming it's not that much worse than what you'll see anyway. But of course, it's strictly up to you, is $100 worth any extra aggravation?

How long is the tapping season? Is there any possibility that he could use clear tubing that would blend in easier or avoid the trees that are closest to your home?

I must have been gone when this saga began. Am I right in thinking it went from this guy tapping your neighbors to the back, trees, and then tapped yours too, without permission? All for a quart of syrup? I wouldn't let him continue. Unless he makes it well worth your while. And if you do let him continue, it would only be at a year at a time. And I'd want a contract signed.
Leslie

How much would a person make out of the sap from one tree? Ie how much sap would the tree produce, how much syrup would that convert to and how much would that syrup sell for? Be sure you're getting a fair price for providing your resource, whether he does the work or not. If he's making $20 a tree, for instance, I don't think $1 is fair- other businesses don't get such a generous markup.

I still say pay the money and consult a lawyer.

Alisande,

What does he mean he "pays" a dollar per tree? If you were interested in having your trees tapped, you would have NEGOTIATED what he would pay!

This young man needs to go somewhere else. He was tapping your trees without your permission, and has taken advantage of your kindness. I think you should tell him it has been far too disruptive, and you're not going to deal with it any longer. Wish him luck, and tell him good bye. END OF DISCUSSION.

Otherwise, he's going to be a never-ending pain in the rear.

It wouldn't be worth the aggravation to me to have someone on my place.

Because sap flow depends on weather, it is not always consistent. Some days no sap will flow; other days, as much as a quart to a gallon or more of sap may flow during a flow period (several hours to a day or more). During the season, an average tap will produce 6 to 10 gallons of sap. Slightly more than 10 gallons of 2% sugar-content sap are required to produce one quart of syrup.

I'd say no to that fellow about future tapping, if it were me.

He has shown himself to be sneaky, opportunistic and manipulative.

Colleenoz...how much sap the tree produces depends greatly on the age of the tree,whether the tree is being drained "naturally" or by a vacuum system and the actual season,that is to say,there has to be warm days and freezing nites.
For a gallon of syrup,you have to get 45 gallons of sap from the tree.
He is offering the equivalent of what 2 gallons of syrup is worth(in Ont) at the end of the season by offering $1.00 per 100 trees.
One gallon here in central Ont. is worth $55.00
That sounds like a lot,but there is mega work to making syrup.
Oh,and the tubing HAS to be blue....if clear,the sap laying when the sap doesnt run well thru the lines, could sour.
When the sap slows down,or colder or rainy days,it doesnt run as well.

What I would do regarding whether you want him to continue Alisande...take the $100 now of course,and have him include your "quart" (whoopdeedoo),tell him to remove the tubing,and that you will let him know by October of 2008 whether or not you want him back,payment or no payment.
He will have plenty of time to run his lines again before syrup time,so October would be sufficient notice.
This way,you have time to think about it...no pressure

I've missed the saga, but whenever someone wants to use our land for whatever purpose, the one thning that comes screaming to the front of my brain is...liability? As in what if he should get hurt while on your land, using your trees? If you give him permission without some sort of written, signed legal contract, where would that leave you? CYA, baby, CYA ;o)

I would negotiate for 100 dollars and a couple of quarts of maple syrup. Just think you could have the fruits of his labor from your own land. I guess I may see it differently than others. The same things as people with fruit trees in their yards that would much rather see the fruit drop and rot than to share it with others.

Stacie

I'd also want to be sure that if the trees are large, that he doesn't start to put several spiles in one tree.
ivamae

Yes, there is the liability question when giving anyone permission to be on/use your property.

There may also be a question of a casual/implied easement. I can't remember details of the 3 or 4 types of easements, and I don't know the details of your previous post.

Suggest you 'google' easements. Seems there is something about a 5 year rule. Something to the effect that if you give a casual verbal easement to someone to use your property for 5 continuous years it then becomes permanent. Don't trust my memory - suggest you do some searches on Google.

Are you beginning to think that it might just not be worth it to allow him access to your property? Remember he tapped 100 of your trees without permission and then after you told him to stop he then announces that he pays $1 a tree.

I didn't think of the liability issue which surprises me because I am normally very cautious about this. We finally had to tell several people that they couldn't hike our property in the mountains because we became concerned about the liability especially since we found out about the poachers.

Did you mention in one of the earlier posts that you had spoken to a friend who is an attorney? I'm surprised that he didn't mention this. But that could have been because you had already decided to have the fellow remove his equipment.

What happens when he sets up a tent?

I would say no.
Just not worth $100 to have someone on my property. He has not been honest with you, I would ask him to remove his tubes and skidaddle.

There may also be a question of a casual/implied easement. I can't remember details of the 3 or 4 types of easements, and I don't know the details of your previous post.

Suggest you 'google' easements. Seems there is something about a 5 year rule. Something to the effect that if you give a casual verbal easement to someone to use your property for 5 continuous years it then becomes permanent.

If the guy is paying her, I would bet there is NO easement and no adverse possession.

"people with fruit trees in their yards that would much rather see the fruit drop and rot than to share it with others"
I have no problem with giving away the fruit from my trees (and do, as I hate waste). But I WOULD have a problem with someone who just came in, helped himself to all my fruit, gave me back a couple and then went off and made a living out of selling my fruit, without asking me first.

Mcmann worded it well: Are you beginning to think that it might just not be worth it to allow him access to your property?

Yes, that's exactly what I'm thinking.

You know, I never thought about liability. My husband sure would have, though. My friend the lawyer, by the way, has a criminal defense practice. Not the most useful person to consult about this, I guess, but he'd come in handy if reach the end of my patience with this situation. :-)

I like the idea of supporting a cottage industry, but I can't say I want it to take place here. The $100 would come in handy, but the price is too high.

Stacie, I don't think this is on a par with someone who would rather see fruit rot than share it. There's a big difference between inviting neighbors to pick fruit from my trees (which I do every year) and staring at blue tubing for five months while feeling invaded.

I will smile and say no. No, no, no. Smile, smile smile. No.

:-)

Apparently, you're not the only one with a problem like this (at least you got paid, somewhat well it seems)...

Here is a link that might be useful: tapping trees

Oh, wow, Paula! And we thought my Mr. Syrup was nervy . . .

Maybe I should check out the rest of my property. Most of my land is on the other side of the road, where I rarely go these days. I know this guy isn't doing anything over there, but we have some big maples near other peoples' land.