No Timber Rights Assurance For Pa. Property Buyers
August 13, 2013, 12:50 PM EDT
Law360, New York (August 13, 2013, 12:50 PM EDT) -- In a decision issued July 3, 2013, the Pennsylvania Superior Court invoked a 100-year-old doctrine to hold that an unrecorded timbering contract was enforceable against a subsequent purchaser of the real estate that had no notice of the contract. Zitney v. Appalachian Timber Products Inc. (Pa. Super.).
Shortly after the Zitneys closed on the purchase of real estate in Pennsylvania, a timber company commenced timbering operations on the property. The Zitneys asked that the timbering cease, and the timber company produced a timbering contract signed by...