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Are timber rights a general easement?

Discussion in 'Easements & Right of Way Law' started by WiAdPe, May 30, 2017.

  1. WiAdPe

    WiAdPe Law Topic Starter New Member

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    Jurisdiction:
    Kentucky
    I am interested in buying a certain property, but there are conflicting opinions over who holds the timber rights. The current owners purchased the property from a company that also held the timber rights. Their deed did not explicitly state the timber rights remained with the company, but it did contain a provision stating all easements recorded at the courthouse would remain in effect. Do the current owners hold the timber rights, or does the company?
     
  2. army judge

    army judge Super Moderator

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    You'd have to read and be able to understand the deed, and that isn't necessarily determinative, to begin to know.

    Even then you might not know who owns the timber rights.

    It's a rare deed transfer when a company owns mineral, timber, water or other natural rights that they transfer those rights upon sale.

    You need to work locally with someone who does know, or can properly determine who owns the timber rights.

    If I couldn't determine it to my satisfaction with PROOF, I'd not do the deal.

    A local title insurer might help you, a local lawyer will help you for a fee.
     
  3. mightymoose

    mightymoose Moderator

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    my first stop would be with a title company
     

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