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Timber right laws

1,465 Views | 6 Replies | Last: 6 yr ago by country
daniellewbaxter
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We are buying 20 acres of land that buts up to our land. The man will only sell it if he gets the timber rights. It has very little timber, but we need it for pasture land. Can we give him a time limit on the timber? Can we cut it as long as we don't sell it? Can we give him a 1 time cut? Can we choose to keep some of the trees for shade for livestock? It is mostly just regrowth pine saplings. Like can we say we keep 10 trees and mark them? I have no idea how this works and was curious, before we get into this.Thanks yall
JobSecurity
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AG
Does it have value today or is he looking to wait several years until the next cut would be taking place?

Typically we negotiate that the seller has x days to remove any timber prior to closing. After close any timber that remains is now our property and we can do as we please.
AceAggie05
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AG
Honestly, if he wants timber rights, I would just walk away. Seems shady as **** to me. These are some questions that need answered.

Will he have the rights to plant trees? This takes away your pasture land, which is the entire reason for buying.
Will you have the right to cut trees down? If not, this takes away your pasture land.
How long will the rights last? If you're ok with his 20 year plan, then ok. But trees can take a long, long time before they're ready to harvest, and if you're unable to do anything about them, this takes away your pasture land.

If he has a plot planted, and he wants the rights to that plot, it sounds to me like you won't be able to manage your land as you see fit for at least 40 years if the trees are saplings.

Timber rights just sound shady as hell to me. The idea that I wouldn't be able to do something with land I bought is just baffling. I don't even like mineral rights, but they don't sound as invasive into the visions of what I want to do with land as this.
HTownAg98
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Pay him for the present value of the timber and tell him to take it or leave it. (Hint: it isn't worth much right now.)
Ribeye-Rare
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AG
HTownAg98 said:

Pay him for the present value of the timber and tell him to take it or leave it. (Hint: it isn't worth much right now.)

HTown,

Can you recommend a good general source for current timber values in East Texas?

I've got to value about 100 acres of timber property in Newton County for an Estate and while I've got a figure from the Appraisal District that will probably suffice for use on a Form [706], I reckon I ought to do a little bit more work than just that.

I'm a long way from Newton County and have not seen it, but I've been told it's got a 20-year growth of pines and hardwoods.

Should I hire a real appraiser? I know that's your profession.
polksalet12345
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29 years of working as a surveyor and forestry hand and that's maybe the shakiest thing I've heard.
HTownAg98
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Ribeye-Rare said:

HTownAg98 said:

Pay him for the present value of the timber and tell him to take it or leave it. (Hint: it isn't worth much right now.)

HTown,

Can you recommend a good general source for current timber values in East Texas?

I've got to value about 100 acres of timber property in Newton County for an Estate and while I've got a figure from the Appraisal District that will probably suffice for use on a Form 720, I reckon I ought to do a little bit more work than just that.

I'm a long way from Newton County and have not seen it, but I've been told it's got a 20-year growth of pines and hardwoods.

Should I hire a real appraiser? I know that's your profession.

You may want to hire someone in forestry to do a "timber cruise" for you. They can give you a good estimate on what the timber is worth now and how long of a holding period you are looking at. Plus, it helps reduce your liability if something goes south.

If you can get someone to do it for your 100 acre place and the 20 acre place you want to buy, you may be able to save a little money on it. My guess is that the timber on the small place is too small in acreage for any timber company to mess with, but a timber expert can give you a number. Then show it to the person you are wanting to buy the property from and watch him scream and holler about how you are lowballing him.
country
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AG
Contact Mark Lewis with Lewis and Sealy Appraisals in Lufkin for East Texas timber questions. Best in the business IMO.
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