Exception In Deed Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Exception In Deed, written in plain English, along with examples of how it is used.
What is Exception In Deed?
n. a notation in a deed of title to real property which states that certain interests, such as easements, mineral rights or a life estate, are not included in the transfer (conveyance) of title.
History and Meaning of Exception In Deed
Exception in Deed is a commonly used legal term that refers to a clause or notation included in a deed of title to real property. The clause notes that certain interests, such as mineral rights, easements, or a life estate, are not included in the transfer of title. Simply put, this means that the transfer of title does not include the specified interests or rights, which remain with the previous owner.
The purpose of an Exception in Deed is to clarify the extent of the transfer of title, conveying to the new owner only the rights included in the deed while excluding any interests reserved by the previous owner. This type of notation is an important tool for both property owners and purchasers, as it helps to clarify the ownership and use rights associated with the property.
Examples of Exception In Deed
In a deed for a piece of real estate, the seller may include an exception for an easement that allows a neighboring property owner to access a shared driveway. This exception would ensure that the purchaser understands that the easement and shared use of the driveway will continue.
A mineral rights owner may sell the surface rights to a piece of property while maintaining the exception of the mineral rights. Meaning the new owner of the surface rights would not be the owner of the underlying mineral interests.
A previous owner may have granted someone a life estate in a property, which allows them to live on or use the property until they die. In this case, the deed transferring the ownership of the property to a new owner may include an exception noting that the life estate remains in effect.
Legal Terms Similar to Exception In Deed
Reservation: Similar to an exception, a reservation is a clause or notation in a deed that specifies some interest that is being kept or reserved by the previous owner.
Easement: An easement is a right that allows someone who does not own a property to use the property for a specific purpose.
Right of way: A right of way is a type of easement that allows someone to travel across a piece of property or use a specific route through the property, such as for a road or a path.