Wilkes-barre, PA asked in Land Use & Zoning and Real Estate Law for Pennsylvania

Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared, the grantor apparently used the original legal description for the whole tract and, by reference, carved out the part that had already gone to John Smith.

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