CHAPTER 477 CONVEYANCES OF REALTY AND INTERESTS THEREIN
Conveyance of Standing Trees
Section 477:35-b
477:35-b Previous Conveyances. –
I. Any conveyance of standing trees made prior to August 29, 1969, which includes therein a stipulation requiring that the trees be removed within a certain time or by a certain date, but which does not include therein any terms to the effect that the right to the trees shall revert to the grantor upon the passage of the stated time or stated date, shall be presumed as having intended to grant an absolute property interest in the trees to the purchaser even though the trees remain uncut beyond the stipulated time or date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and any litigation begun within 7 years after August 29, 1969, or within 7 years of the stipulated time of removal of the trees, whichever occurs last, or otherwise all such rights to said trees shall revert to the grantor or his heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this section.
II. Any conveyance of standing trees prior to the effective date of this paragraph which does not include therein a stipulation requiring that such trees be removed within a certain time or by a certain date, shall be presumed as having intended to grant to the purchaser an absolute property interest in the trees standing at the date of the conveyance even though the trees remain uncut beyond a reasonable time for their removal after said date; provided, however, that any such right to said trees on the part of the purchaser or his heirs or assigns must be asserted and litigation begun with 7 years after the effective date of this paragraph or otherwise all such rights to said trees shall revert to the grantor or his or her heirs or assigns. Nothing in this section shall be construed as precluding the introduction of any evidence in any action to rebut the presumption of the granting of ownership of trees as provided by this paragraph.
Source. 1969, 325:1. 2003, 138:8, eff. Aug. 16, 2003.