If a relative deeded us a piece of property for $1 but retained a life estate and timber/mineral rights and wants to have another logger cut some timber, what are my rights if I’m a logger?

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If a relative deeded us a piece of property for $1 but retained a life estate and timber/mineral rights and wants to have another logger cut some timber, what are my rights if I’m a logger?

Asked on September 23, 2015 under Real Estate Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You own the property now.  He has a life estate but that doesn't mean he can lay waste or cause damage.  Timber/mineral rights are really counter to simply having a life estate.  You cannot log if he retained timber rights.  At this point, consult with an attorney about the timber rights in your state and whether the deed to you allows you to trump his life estate mineral rights.


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