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Bizarre Exception in a description
Posted: Fri Nov 08, 2013 3:30 pm
by pls7809
Here's a new one for me:
Excepting therefrom, the Oak Trees now standing on the land above described, as reserved by (some bank), in the deed recorded June 11, 1898, in ... of deeds...
Posted: Fri Nov 08, 2013 3:33 pm
by Scott Tikalsky
Well, the price of oak firewood keeps going up. :)
Posted: Fri Nov 08, 2013 3:41 pm
by Warren Smith
The Oaks could have been shade for the Bazaar ...
Bizarre ...
:-)
Posted: Fri Nov 08, 2013 4:45 pm
by pls7809
Thanks Warren. That didn't look right to me and now I know why.
Posted: Fri Nov 08, 2013 8:32 pm
by Dave Karoly, PLS
Gladding-McBean in Lincoln purchased and burned up a lot of Oak trees. They are a vitrified clay plant.
Posted: Fri Nov 08, 2013 10:11 pm
by Anthony Maffia
I learned this in a RE class I took around 2006. Sales of agricultural lands can exclude the next harvest - fruit, crops, etc.
Perhaps the seller was planning on cutting down the oaks as timber?
Posted: Mon Nov 11, 2013 11:42 am
by Dave Sigman
As I understand it, crops in the field and harvested timber aren't considered part of the land but growing timber is. Maybe the owner just had a sentimental attachment to the trees and didn't want to see them cut down.
Posted: Mon Nov 11, 2013 12:00 pm
by pls7809
The reservation was to a bank, so it was probably some kind of commodity they were going to cut and sell. Maybe part of the deal that was made back then to pay off a loan or something.
Posted: Tue Nov 12, 2013 8:50 am
by RAM
may also have to do with a condition for Oak Tree mitigation.
Posted: Tue Nov 12, 2013 9:31 am
by pls7809
I would be surprised if mitigation was the reason in 1898.
Posted: Tue Nov 12, 2013 10:19 am
by Dave Sigman
Since it was to the bank it was probably part of the collateral the bank took for the loan to buy the property... just thinking out loud.
Posted: Tue Nov 12, 2013 1:59 pm
by RAM
I took it as a reference to a prior deed in 1898, describing the current lands, subject to. I can see 2 or 3 interpretations based on the info given.