Section 34 Distinction Between Exceptions and Reservations

• Library: Real Estate Fundamentals 2011

Technically, an “exception” excludes from the operation of the grant and the warranties in a deed any liens and encumbrances and other rights or interests held by some person. A “reservation,” on the other hand, reserves to the grantor (or in case of multiple grantors, to one or more of the grantors) some new interest that did not exist independently before the grant. If A owns Blackacre subject to a life estate in B and conveys Blackacre to C, he will except the life estate. If A owns Blackacre in fee and...