Legal Description Excepting Therefrom
In the context of real estate transactions and legal property documentation, precision in language is not just important it is essential. One of the most significant yet often misunderstood phrases is excepting therefrom. This term is commonly found in legal descriptions of land and plays a vital role in determining what exactly is included or excluded in a deed or other legal instrument. Its presence or absence can alter the rights associated with a property, affect boundaries, and shape ownership responsibilities. To fully understand its impact, it’s necessary to explore the meaning, function, and implications of excepting therefrom in legal descriptions.
Understanding Legal Descriptions in Real Estate
The Role of Legal Descriptions
A legal description of real property is a written statement that clearly defines the boundaries and physical location of a parcel of land. These descriptions appear in deeds, mortgages, leases, and other real estate-related documents. They are designed to offer an exact delineation of property limits, eliminating ambiguity that might arise from informal references such as street addresses.
Common Elements in Legal Descriptions
Legal descriptions often include:
- Metes and bounds (distance and direction from one point to another)
- Government rectangular survey references
- Lot and block references (typically found in subdivisions)
- Plat maps filed with government offices
Within these formats, additional clauses are used to specify what is or is not included in the described parcel. That’s where the phrase excepting therefrom becomes relevant.
What Does Excepting Therefrom Mean?
Literal and Legal Interpretation
The phrase excepting therefrom is used to indicate that a specific portion of the land described is to be excluded from the grant or interest being conveyed. It creates a legal exception to the larger property description. For instance, if a legal description states a parcel is conveyed, excepting therefrom Lot 3 of Block B, it means the conveyance includes everything described except Lot 3 of Block B.
Difference Between Excepting and Reserving
It is important not to confuse excepting with reserving. While both terms may seem similar, they have different legal effects:
- Excepting removes something from the conveyance entirely, meaning the grantor keeps ownership of that excluded portion or it belongs to another party altogether.
- Reserving refers to the grantor creating a right or interest such as an easement that benefits them even after the property is transferred.
Practical Examples of Excepting Therefrom
Subdivision of Land
Imagine a landowner owns a 10-acre parcel and sells 8 acres to another party, but decides to retain 2 acres. In the deed, the legal description might state the entire 10-acre parcel, excepting therefrom the northern 2 acres, effectively excluding that portion from the sale.
Access Roads and Utility Corridors
Sometimes, certain parts of a property are already committed to public use or are designated as access roads or utility easements. When selling or transferring such land, the legal description might include an exception clause such as excepting therefrom the area currently used for public utility right-of-way.
Third-Party Ownership
If a portion of the land is owned by a different party, the grantor cannot transfer what they do not own. To clarify this, the deed will often state, excepting therefrom the land conveyed to XYZ Corporation as recorded in [document reference]. This protects the grantor and grantee from future legal disputes over ownership boundaries.
Why Excepting Therefrom Matters in Legal Transactions
Clarity and Precision
Real estate law demands high levels of clarity. Without specific exception language, buyers may assume they are receiving more land or rights than what the grantor can legally convey. Including excepting therefrom in legal descriptions eliminates misunderstandings and sets clear expectations.
Prevention of Future Litigation
Boundary disputes and claims of encroachment often arise from poorly defined property lines. A well-drafted legal description with correct exceptions prevents future legal conflicts by documenting the limits of ownership with precision.
Title Insurance Considerations
Title companies rely heavily on accurate legal descriptions to assess risk and determine insurability. An omission or misstatement in exceptions can affect title coverage and even lead to claims against title insurance policies.
Common Pitfalls and Misunderstandings
Overuse or Vague Exceptions
While exceptions are useful, vague or poorly worded excepting therefrom clauses can create confusion. For example, simply stating excepting therefrom the portion used for farming lacks geographic clarity and could lead to interpretative disagreements.
Failure to Reference Survey or Recorded Document
It is best practice to tie exceptions to a survey map or previously recorded deed. For example, excepting therefrom that portion shown as Parcel B on the survey recorded in Map Book 23, Page 45. This ensures that the exception is not left to subjective interpretation.
Unintentional Exclusion of Valuable Land
Sometimes, a grantor may accidentally except more land than intended, especially in complex property divisions. Once recorded, correcting such errors can require reformation of the deed, legal proceedings, or renegotiation with the grantee.
Legal Drafting Best Practices
Use Clear and Unambiguous Language
Clarity is paramount. Avoid phrases that could be interpreted multiple ways. Describe the excepted area using precise measurements or referencing official plats or surveys.
Cross-Reference Recorded Documents
When applicable, refer to previous documents that clarify the boundaries of the excepted area. This improves the legal reliability of the description and aligns with common practice among attorneys and title professionals.
Seek Professional Assistance
Because of the legal and financial implications of real estate transactions, both grantors and grantees should seek assistance from legal professionals or licensed surveyors when drafting or interpreting legal descriptions with exceptions.
Excepting therefrom is more than just a legal phrase it’s a powerful tool used to define the true boundaries of a property being transferred. Whether used to retain a portion of land, avoid including a third party’s interest, or clarify public use areas, this clause ensures that the legal description remains accurate and enforceable. By understanding its meaning and application, individuals involved in real estate transactions can better protect their interests and reduce the potential for disputes. Careful drafting, legal guidance, and attention to detail are the best safeguards when dealing with exceptions in property descriptions.