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OGM exception on deed containing multiple parcels
I have a question regarding an old deed conveying multiple parcels (5 parcels listed by number) in Pennsylvania. The deed lists them one by one numerically and underneath the last parcel there is this clause:
"Excepting unto the grantor, their heirs and assigns, and successors a one-twelfth interest the oil, gas, and minerals, in on or upon the above described premises"
My question is does this except a 1/12 in the ogm's on all the parcels or just the last one described in the deed. To me this is very vague and one could argue that the exception only applies to the last described parcel. If one were to make an exception on ALL parcels, it should have been stated that the exception was to be on all parcels conveyed in this deed, etc.
Has anyone ever came across this type of vague language before in researching deeds and what was the final determination?
Replies to This Discussion
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Permalink Reply by Buddy Cotten on
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Dear Lowflyer,
If it were me running title, I would credit the Grantor with 1/12 on all lands described and conveyed.
Best,
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Permalink Reply by Cliff Williams on -
I agree with Mr. Cotten. I would only reconsider this if the reservation language were tied in some way to only one of the parcels. If there is a blank line between the last parcel description and the reservation language then it will very likely apply to all six parcels. I would also argue that "parcels" is plural and should be interpreted as plainly meaning the reservation applies to all six.
While it may appear unambiguous, I would rather review the entirety of the document to see if there may be other signs that are not readily apparent.
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