Field Note Syntax

I never use the term "save and except" in any property description.

Something like: "all that certain property being all of Lot 1, Block I ...recording data... and all of 4.67 acres ...... and the remaining portion of 19 acres ......

I would mention the 0.77 acre within the calls as an adjoining parcel of land.

😉

xxx.xx acres being all of that certain 4.67 acre tract as described in conveyance instrument recorded in the X County Clerks file no. xxxxx and including all of Lot 1 blah blah save and except that certain 0.77 acre tract out of said Lot 1 as described etc.

All of that 4.67 Acre tract of land conveyed to ......, Recorded on Document 12346 county Deed Records.
Also all of Lot 4, Block 2 of Kow Pie addition to ..., excepting that 0.77 Acre tract conveyed to ... recorded as document 12345, County Deed records.
Field notes?
jud

> I was thinking "all of Lot 1, block I, save and except 0.77 lot called for in deed blah blah, and all of called 4.67", ...

Put in a semicolon.

I was thinking "all of Lot 1, block I, save and except 0.77 lot called for in deed blah blah; and all of called 4.67",

I have to ask why you would exclude "save and except" in the general description?

Save And Except

Thesaurus Entries

adrift, apart, apart from, asunder, away from, bar, barring, beside, besides, ex, except, except for, excepting, excluding, exclusive of, in the abstract, in twain, in two, leaving out, let alone, omitting, one by one, outside of, piecemeal, precluding, save, save and except, saving, separately, severally, than, unless, without

Andy, how bout this

This is the way that I would word it:

BEING 22.90 acres of land in the T.P.& W. Survey, Abstract No. XXX, Pecos County, Texas, and being the residue of that Lot 1 called 19 acres as shown on that map or plat thereof recorded in Plat Cabinet A, Slide 52 of the Plat Records of Pecos County, Texas, and all of that 4.67 acres as described in deed from Andy Nold to Kris Morgan on July 12, 2010 and recorded in Volume 1234, Page 567 of the Official Records of Pecos County, Texas (hereinafter shown as volume/page, OR): SAID tract described as follows: BEARINGS are based on the Texas Coordinate System of 1983, Texas North-Central Zone: All coordinates recited herein are U.S. Survey Feet, NAD83 (CORS96) Epoch 2002.0 per static GPS data gathered on May 1, 2011 and processed through the OPUS utility on the NGS website: All distances are grid and to get surface distances, divide the distances recited herein by 0.9999536: To get geodetic bearings, rotate the bearings recited herein, counter-clockwise 02°15': w/cap = a plastic cap marked Shuman & Associates: See Plat:

Or something like that. 🙂

Andy, how bout this

Yeah, I like the semi-colon.

For Kris, obviously I left out a lot of info for the sake of brevity. I think the semicolon works with my style and I try to be consistent in how I write my legals.

I have to agree with Robert Ellis, can't see why you wouldn't make mention of the save & except in the caption. I think it's especially important in this case to call the exception where you are calling for the platted lot.

Thanks, all.

I never mention anything in the preamble that is not a part of the property I am describing.

The only reason I have found to use a term such as "save and except" is when there is an island tract that is totally inside of the property being described.

I have actually used the term "less that certain parcel...." and that was in the closing call after I quoted the area:
"
......and containing x.y acres of land, less that certain parcel contained within being x.xx acre and known as the Joe Stow..... for a net of x.w acres of land."

😉

Andy

Andy, unless the deed you're retracing states
All of Lot 19 S&E 0.77 acres as shown in Vol. 1234, Pg. 567 of the Deed Records, then it's simply a residue and I wouldn't mention the 0.77 acres at all. It is essentially an adjoiner tract and you don't typically mention adjoiners in the preamble unless it's your basis of bearings or something else kind of weird.

That's just my take. I don't see a problem with you doing it, but for me, it think it adds confusion where none existed.

> > Field notes?
> jud

My question, too.
What does that mean in this context?

Don

Field Notes

Field Notes are Texas Speak for "Written Description of that which is graphically shown on the survey Plat." 🙂

Field Notes

Yep. In Texas, the survey is what you do on the ground, the field notes are the metes & bounds description of the property and the plat is the drawing.

For what it's worth, I re-assessed the chain of title and the most recent description contained the 19 acres and the 4.67 acre tract as well as the 0.77 s&e tract. I ended up rewriting the entire thing, so now its a moot point. This is a complex and convoluted description to be sure. I am at three pages of just the meat of the thing. What a way to kill an afternoon.

Andy

I'm surprised that you're not having to re-plat it since a subdivision is already at play. I'm really surprised that 0.77 acres was cut out of a subdivision lot without a re-plat or one lot sub of it to create it.

Are you in the city or out in the county? Do they enforce S/D regs?

Thank you

Thanks to Andy too. I've never heard that phrase used in that sense before.

Don

Don

I have several old surveyor's records. One in particular was a guy named Tom Shearon. Of the very few of his field books we have, they read like a description including the Thence. This was the way the old man kept his field notes in the field and then basically copied his descriptions based on his field notes. I would suspect that is where the term came from.

Andy

jUST AN alta FOR A RE-FI AS FAR AS I KNOW. nO NEW CONSTRUCTION OR PLATTING REQUIRED.

Andy

aLTHOUGH, i AM AMAZED THAT THEY GOT AWAY WITH A 0.77 ACRE SAVE AND EXCEPT OUT OF A PLATTED LOT (bUT THE LOT IS 19 ACRES). tHAT ALL HAPPENED BEFORE i GOT HERE, THOUGH.

> I have a 19 acre platted lot.
>
> Save and except tract of 0.77 acres out of the platted lot.
>
> And a 4.67 acre tract next adjoining the 19 acre lot.
>
> Platted lot and 4.67 acre tract are to be included in the field note description, the 0.77 save and except is not.
>
> Trying to figure out arrangement of the header in my field notes. I was thinking "all of Lot 1, block I, save and except 0.77 lot called for in deed blah blah, and all of called 4.67", but this makes it look like I am saving and excepting both the 0.77 and the 4.67. I suppose I could list the 4.67 first and then the 19 with its 0.77 acre exception. That would probably be the best way to avoid confusion. What think ye?

"THAT CERTAIN [GIVE ACREAGE] TRACT OF LAND OUT OF SURVEY 256, A.B.& M., BLOCK B, ABSTRACT 1257, SITUATED IN DEAF SMITH COUNTY, TEXAS CONSISTING OF :

- All of Lot 1, Block Whatever, SAVE AND EXCEPT that certain 0.77 acre portion of said lot conveyed to XYZ Corporation by Lottery Deed dated 11/11/1937 recorded in Book 1 at Page 1, and

- That Certain 4.67 acre tract of land (give source of title)

The boundary of the aggregate of the above two tracts being described by metes and bounds as follows according to a survey upon the ground by Kuechler Engineering, completed 11/11/2010 under the direction of Andy Nold, RPLS, as follows:"

Don

"This was the way the old man kept his field notes in the field and then basically copied his descriptions based on his field notes. I would suspect that is where the term came from."

THat is the surveying that I identify with. I know you guys are having a discussion elsewhere on this board regarding SPC etc. that I can not keep up with, I admit. I'm too old and stupid to adapt.

You are the future, I'm the past. Ah well...

Don