Thinking about purchasing a piece of land...

[ponyboync]

How/where do you find out who has the timber rights? Deed books at the court house? Is that hard to do?
Thanks.

 

[JustWood]

Ask the landowner.

 

[ponyboync]

Can I trust them?

 

[peakbagger]

In theory, there should be a recorded document covering the assignment of timber rights. That should become evident during a title search. In reality it can get more complicated with rural properties that have been subdivied by a handshake. Lets say farmer A needed cash at one time, he then sold timber rights to his back forty that was poorly described to begin with in the deed. At somepoint the property was subdivided by the heirs of the long dead farmer who had no clue that the farmer had sold timber rights. You come along and buy a piece of the property and a logging contractor shows up in the front yard one day. Good luck and expect you may be spending time in court. This also applies to right of ways through property. The same farmer may have sold an unrecorded right of way to an adjoining landowner and it may not show up in a title search.

Usually,it not that hard to search title at the registry of deeds, you basdically start with the current owner who would have been the grantee whne he bought it and look for the transaction in the index to find you who sold it to him (the grantor). Now follow it back as long as you want to. If you see any references to recorded maps, look them up and review themAlternatively in many areas there are independent title exmainers that "live" in the registry, they are contractors to law firms and frequently they will do searches on the side for far less than a lawyer.

With regards to how legal an unrecorded transaction is for a dead owner, see a lawyer

 

[JustWood]

NEVER buy a piece of property without an attorney. In the process of legal transfer an attorney will dredge up all binding agreements in regards to the property.

 

[Gooserider]

IANAL, but my understanding is that you should be sure to specify timber rights and so forth in the sales agreement and so forth - probably also include something to the effect of "and any other rights not otherwise specified." Makes it clear what you believe you are purchasing, and as I understand it, would put the burden on the seller to compensate you for anything claimed later that wasn't disclosed, as your understanding was that you HAD paid for the "rights" in question... I believe this is also the kind of thing that "title insurance" is supposed to cover.

Gooserider

 

[StackedLumber]

Here's a link that may be of help.

http://legal-dictionary.thefreedictionary.com/Recording+of+Land+Titles


If it were me I'd want to get my hands on the abstract title and review it and/or have an attorney review it. Up here the battles are similar to what have been mentioned but over mineral rights b/c of oil and natural gas. and the handshake agreements that happened 50 yrs ago in our rural areas become massive court battles between people that never even knew about the handshake and sometimes they never even knew the people who made the "rights" agreement.

 

[ponyboync]

Thanks for all the help. Lots of information to learn.

 

[flyingcow]

NEVER buy a piece of property without an attorney. In the process of legal transfer an attorney will dredge up all binding agreements in regards to the property.

In this situation, a lawyers not expensive, they're priceless! Bought a few pieces of property, never done it without a lawyer. Title searches, and insurance all the way.