Legal Definitions - inclusive deed

An inclusive deed is a type of legal document used in property law that describes and conveys a large, overarching parcel of land, but explicitly carves out and excludes smaller, specific portions that lie within the boundaries of that larger parcel. These excluded portions might have been previously sold, reserved, or designated for a different purpose. Essentially, the deed "includes" the entire larger area in its description, but then "excludes" certain defined parts from the transfer of ownership.

• Example 1: Sale of a Large Farm with a Previously Sold Lot

  A farmer owns a 300-acre property. Years ago, he sold a 2-acre corner lot to a neighbor who built a house there. Now, the farmer is selling the remaining farm to a new buyer. The inclusive deed for this sale would describe the original 300-acre parcel by its full legal boundaries, but then explicitly state: "EXCEPTING AND RESERVING that certain 2-acre parcel previously conveyed to [Neighbor's Name] on [Date] and recorded in [Book/Page]."

  This deed is "inclusive" because it describes the entire 300-acre tract, but it "excludes" the 2-acre portion that is not part of the current sale, ensuring the new buyer only receives title to the remaining 298 acres.

• Example 2: Developer Acquiring Land with a Public Easement

  A real estate developer purchases a 50-acre undeveloped tract of land to build a new commercial complex. Within this 50-acre tract, there is a pre-existing public utility easement for a gas pipeline that runs across a specific section of the property. The developer's deed would describe the full 50-acre parcel, but then include language such as: "EXCLUDING that certain 15-foot wide strip of land designated as a public utility easement, as described in [previous recorded easement document reference]."

  The deed encompasses the entire 50 acres in its general description, making it "inclusive." However, it then specifically "excludes" the area covered by the utility easement from the full transfer of ownership, clarifying that the developer's rights to that particular strip are limited by the public easement.

• Example 3: Government Grant of Land with Retained Mineral Rights

  A state government grants a large 1,000-acre parcel of state-owned land to a university for agricultural research. However, the state wishes to retain ownership of all subsurface mineral rights within that parcel. The deed from the state to the university would describe the full 1,000-acre parcel, followed by a clause stating: "RESERVING AND EXCLUDING all oil, gas, and other mineral rights lying below the surface of the described property."

  This deed is "inclusive" by defining the large 1,000-acre area. It then "excludes" the specific mineral rights from the grant of ownership to the university, meaning the university receives the surface rights to the land, but the state retains the rights to any minerals found beneath it.