Livingston v. Drew Lumber Co.

Citations

• 82 Fla. 508
• 90 So. 466

Syllabus

<p>1. While parties may make a conveyance whereby one will be entitled to perpetual right to enter upon the land of the other and remove trees or timber thereby conveyed therefrom such an agreement is so unreasonable in its nature that no contract will be held to have this effect unless it is plainly manifest from its terms that such was the intention of the parties.</p> <p>2. A deed conveying trees or timber growing and standing upon land without stipulating the time within which it must be removed will be construed as implying that such removal shall be accomplished’ within a reasonable time, where the terms of the conveyance and the circumstances attending the transaction afford a just basis for an adjudication of such an implication or intendment.</p> <p>3. What may be regarded as a reasonable time for removing trees or timber from lands of another where no definite time ■ within which it should be removed is expressed in the conveyance of such trees or timber will1 be determined not by the arbitrary will of either of the parties to the • conveyance, but by a consideration of the terms, express .and implied, of the conveyance the location and nature of the trees or timber conveyed, the quantity of same, transportation facilities available, accessibility of manufacturing plants adapted to its manufacture, and uses of the timber and land, as well as all other circumstances surrounding the transaction and the parties thereto.</p> <p>4. A timber deed conveyed the pine and cypress trees or timber of certain stated dimensions then upon the land described, the conveyance containing a provision that the grantee should remove the pine trees - or timber conveyed .off the land “within ten years” from the date of the deed- and the cypress trees or timber when the grantee “so desires.” Held; that the provision when the grantee “so desires” did not give the grantee a perpetual right to go upon the land for the purpose of cutting and removing such cypress trees or timber nor t