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Exception in a Deed

DEFINITION

Certain right in a deed that does not transfer to the transferee. This may include water or mineral rights.

EXPLANATION

An exception in a deed is a provision held in a deed indicating that certain rights not typically reserved in a real property purchase or sale is include in the transfer. This might include a mineral or oil right that transfers upon the sale of a property. An additional specific right might also include an easement right to use a portion of a neighbor’s property or a life estate.

The specific nature of the right that is being transferred depends on the property and the location of the property.

An exception in a deed might refer to something that is not going to be transferred as apart of the sale. This might include the sale of a property without the transfer of the mineral right. In other words, the transfer would sell the property, however the original owner would maintain the right to excavate, explore, and expunge mineral from beneath the surface of the property.

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