What Is a Timber Deed in Real Estate?

A Timber Deed is a legal document that transfers the right to cut and remove timber from a property without transferring ownership of the land itself. It allows the buyer to harvest specified trees for a set period while the landowner retains full ownership of the property.

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💡 Why a Timber Deed Matters

Timber Deeds are common in rural and wooded areas where timber has significant commercial value. They allow landowners to sell harvesting rights while keeping control of the land itself. The deed clearly defines what timber can be removed, where, and within what timeframe.

  • ✔ Transfers timber harvesting rights only
  • ✔ Landowner keeps full ownership of the property
  • ✔ Buyer may enter the land to cut and remove trees
  • ✔ Defines exact timber species, size, and boundaries
  • ✔ Often includes a time limit for cutting

Related: What Is a Mineral Deed?

📌 What a Timber Deed Typically Includes

A Timber Deed must describe the scope of the harvesting rights and the responsibilities of both the buyer and seller. Proper description prevents boundary disputes and over-harvesting.

  • Exact location of the timber to be cut
  • Tree species that may be harvested
  • Minimum size (diameter) permitted
  • Access roads and entry rights
  • Time period (e.g., 12–36 months)
  • Restoration requirements after harvesting

Related: What Is a Title Defect?

🔎 How a Timber Deed Works

A Timber Deed gives the buyer the temporary right to harvest timber but does not convey any ownership of the land. The deed is recorded so future buyers know the harvesting rights exist until the contract expires or is completed.

  • 1. Landowner sells the right to harvest timber
  • 2. Timber Deed specifies boundaries and species
  • 3. Buyer gains access to cut and remove trees
  • 4. Deed is recorded in public records
  • 5. Rights expire when harvesting is complete or after the set time

If harvesting rights are disputed, parties may need a Quiet Title Action.

❗ FSBO Warning: Timber Deeds Can Affect Property Use

Harvesting operations may involve trucks, equipment, temporary roads, and landscape disruptions. Buyers of the land must honor any recorded Timber Deed until it expires.

  • Active harvesting may limit property use
  • Noise, debris, and road access issues possible
  • Incorrect deed details can cause boundary disputes
  • Unexpired timber rights may reduce land value
  • Full disclosure is required before closing

Learn more: What Is Title Insurance?

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