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Standing Forest Trees Are a Part of the Realty


STANDING FOREST TREES ARE A PART OF THE REALTY. Forest trees while standing are a part of the realty, and are regarded as realty to the extent that a grant of them must be made in writing to satisfy the requirements of the Statute of Frauds. But while it is generally held that a parol or oral sale of standing trees passes no title, yet it is good as a license for the removal of the trees that are cut previous to a revocation of the grant or lease.

And where lands are sold by deed and there is a parol reservation of standing trees, this reservation is within the Statute of Frauds, and invalid. But if the reservation was made in the deed, the title to the trees does not pass.