Written By Attorney Joshua MacNamara
What is a timber deed?
A Timber Deed is a mechanism used to convey (sell and / or transfer) natural resources tied to a property without selling the property itself.
In essence a timber deed is a contract to transfer the land’s assets (trees). As a contract, it spells out the terms…price, duration, liability, time for performance, method of removal, etc…the deed is often recorded in the county where the property is located and becomes a public record in order to help limit disputes and give notice to people relating to the parties rights to the property’s assets.
The timber deed can allow for removal of timber for a specified period of time. Depending on how many trees are involved, they can be for varied duration. After the specified duration, the buyer’s rights are terminated and they no longer have the ability (right) to remove timber.
The parties’ rights must be clearly defined when selling your land’s assets. Careful consideration must be given to many factors, including updated land and tree surveys following removal, soil issues that could result from excessive removal of tress that absorb rain and surface water, environmental issues, your future land use and impacts on value by removing mature trees, remaining stumps, recreational and future development.
Attorney Joshua MacNamara can help you protect your interests by negotiating appropriate terms so rights are clearly defined to prevent future issues and disputes by framing what is needed to preserve the usefulness of your property.
