Kansas Association of Mappers

Exceptions in Deed wording

  • 29 Oct 2019 5:16 PM
    Message # 8083032
    Lisa Olson (Administrator)

    Any opinions or county specific standards regarding exceptions (less and except) in deeds would be appreciated.  There is a difference in opinion about an exception being required to be a part of the tract a deed is describing or if it can be a parcel adjacent or adjoining and still be valid if mentioned as an exception. 

    Example:  I deed the NW4 but there is already a parcel out that is the NW4NW4.  I write my deed conveying the NW4 less and except NW4NW4.  Would that be a correct way to word the exception in my deed?   

    Another example:  I deed the NW4 but want to keep the W 500' and write my deed conveying the NW4 less and except the W 500'.  Would that also be a correct way to word the exception in my deed?

  • 30 Oct 2019 8:09 AM
    Reply # 8083701 on 8083032

    What we accept as mappers and what the register of deeds accepts isn't always the same. I think either of these descriptions would work. I would write it as; NW/4 less and except the NW/4 NW/4 or NW/4 of the NW/4.

  • 30 Oct 2019 8:28 AM
    Reply # 8083713 on 8083032

    Wattles "Writing Legal Descriptions" makes no mention of 'less' in legal descriptions but we use the word frequently in place of what the author does use both alone and with other terms - 'except.'  Page 11.7 covers the topic with similar examples to yours.  First example: NW/4 except NW/4 NW/4 thereof and second example NW/4 except W 500' thereof.  Less and except seem more to be synonyms than complimentary in any way.  Wattles book is an excellent reference.

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