WelcomeMonday, January 30th, 2023
Less and Excepting out too much
If you a survey legal description starts with a large tract of land and then uses "less and except" to remove other parcels, how can you redescribe it in another way not using the "less and except" method. In other words, how can you keep the same language of "less and except" from excluding the "also known as" portion that is not using the "less than except"? Should something follow the "also known as" such as "but included and not less and excepted" so there is no confusion? Some other language suggested? I believe everything after "less and except" is excluded otherwise unless it can be described differently somehow.
Example: "All of Govt. Lot 2 except the following tracts (less and except) of land: Parcel C,D, and E also known as Parcels A+B."
Instead, shouldn't it say: "All of Govt. Lot 2 except the following tracts of land (less and except): Parcel C,D, and E also known as and not excepting out Parcels A+B."
Help, please? Is there some other language after "also known as" needed?
Richard the Newbee
Thence (bearing/distance0 to the southwest corner of the tract described in Deed Book XXX, Page YYY; thence (bearing/distrance) along the westerly line of said tract to the northwest corner thereof, thence.......
This sounds confusing. Are Parcels A+B the description of Lot 2 after the exceptions have been removed?
Depends. Is the description creating parcels A and B? Or were parcels A through E created at the same time in the past? Are you intending to create/convey a remainder parcel? Have all the parcels been surveyed and monumented or just some of them? The description needs convey the intent as well as the shape.
I see two easy options.
One, put the AKA text in the preamble:
"A tract of land in [MTRS], known as Parcels A and B, described as followed:
All of Govt. Lot 2 except the following tracts (less and except) of land: Parcel C,D, and E."
Or two, just use some proper grammar (proper in the legal world).
"All of Govt. Lot 2 except the following tracts (less and except) of land: Parcel C,D, and E.
Also known as Parcels A+B."
There's no need to make everything a run-on sentence in descriptions. Seeing continuous wall of text in a description that were obviously typed in a word processing program - most docs in the last thirty years - is one of my biggest pet peeves. (Extraneous text is the other - don't use twenty words when two is factually correct and gets the point across.)
It's tough enough for most folks to follow along with a description. The absolute bare minimum a description writer can do is format it for easy reading. Well, I guess that and not use Wingdings for the font.
@rover83 Thank you! But doesn't the second option inadvertantly less and except out parcels A+B? In other words, how do you "undo" or redescribe it so the reader doesn't see "less and except" and everything after that is not included? Should you say: "Also known and not less and excepted out"? or something else? Thanks for your help....
Have it surveyed and have a new description written based on the metes and bounds of the survey.