Legal Question in Real Estate Law in Pennsylvania
Pennsylvania Timber Rights
Our deed has timber reserved by owners from 1922. The reservation is for 1/2 interest for the timber ''now standing''. It goes on to say ... grantors and grantees, their heirs and assigns... I interpret this to mean that the original owners have lost interest in the timber since it has been 85 yearsand they are now deceased. It doesn't look like the heirs and assigns applies. Is there any PA state law to define the ''now standing'' to terminate after a reasonable amount of time?
1 Answer from Attorneys
Re: Pennsylvania Timber Rights
You asked about removing a deed restriction.
You need to hire an attorney to get the deed restriction removed. This will entail a search for any heirs, possibly detailed and specific publication and finally making filings to remove the restriction.
It is a routine process but needs to follow the law precisely. Unfortunately, the deed restriction doesn't evaporate but rather would seem to stand until the last tree that was standing in 1922 on the parcel is either harvested or dies naturally. Any harvested trees could be claimed to belong 50% to the heirs of the grantors.
As I said, it shouldn't be a problem to clear the title but it is not something you can do efficiently yourself.
Regards,
Roger
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