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  1. #1

    Default Is 100+ Year Old Deed Condition Valid

    In PA, I understand that squatters have rights after 22 years of unprotested use. My question is the opposite. If my neighbor hasn't used a deeded right in over 100 years, does it survive?
    My property was the result of a split of a larger parcel around 1865. The owner (who kept the other piece) reserved the right to take timber and rock from what became my property. Both properties have changed hands many times since then and current deeds do not mention the issue. Conversley, I have not found a revocation in the deed trail either. To my knowledge, no timber or rock has ever been removed. Does the original 1865 language survive giving the current neighbor a right to take timber and rock from my property or, has non-use or some other standard erased the right?
    Thanks in advance.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Is 100+ Year Old Deed Condition Valid

    until challenged, and won, the right stands.

    Is there something that is now bringing this concern?

    and, in a deed, it is often simply noted as encroachments and encumbrances of public record. A statement such as that would include the original right to take lumber and rock from your property.

    is there anything as such in the deed?

  3. #3

    Default Re: Is 100+ Year Old Deed Condition Valid

    Thanks,

    Nothing has come up yet. I just noticed it in my research and want to know where I stand if it does become an issue. To my knowledge, my nieghbor does not even know this right was spelled out in 1865. The language did not survive subsequent deeds. I am taking a risk even bringing it up here but was curious.

    I will check the deed for some general language like you mention but I am almost certain there will not be an unbroken chain of such language since 1865 (there are many transactions to look through).

    I forgot to mention...
    The 1865 deed says the timber and rock can be removed for the ongoing operation of a local mill. If the mill is long gone, does that change anything?

  4. #4
    Join Date
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    Default Re: Is 100+ Year Old Deed Condition Valid

    Quote Quoting ballinmycourt
    View Post

    I forgot to mention...
    The 1865 deed says the timber and rock can be removed for the ongoing operation of a local mill. If the mill is long gone, does that change anything?

    yep. could change a lot.

    the problem; if the neighbor wanted to take advantage of the right, until such time you argued in court that the right was no longer valid, it is valid.


    The language did not survive subsequent deeds.
    many things such as this does not carry the specific statement beyond the original deed. After that, it is often simply lumped in with all other recorded encumbrances or such verbiage.

    enjoy the research. let me know what you learn, if you would. This is an unusual and interesting situation, to me.

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