In a certain Pennsylvania general warranty deed concerning three parcels of land where all the heirs of a previous owner (grantors) conveyed all their right, title, and interest into the parcels to just one of the heirs (grantee). Below is the how the exact granting clause is worded:
" Witnesseth, that in the consideration of the sum of one and more dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee all of their right, title, and interest in and to all of the following pieces, parcels, or lots of land situate in (township, county, state)"
Next is the numerical description of the parcels. However, on the second parcel, is says this "2. All of the surface of that certain piece, parcel or tract of land (then the actual description of the property followed by an exception and reservation clause indicating a fractional interest in the OGM's that were excepted from a prior deed of this parcel in the 1800's)
There are no other exceptions or reservations made in this deed. My question is, if the grantors indeed held the remainder of the OGM estate in parcel #2 above, would that estate have passed thru this conveyance unto the grantee regardless of the word "surface"? I'm thinking yes, because there are no other exceptions contained in this deed. That along with the fact that the granting clause conveyed all rights, title, and interest into all of the following parcels reinforces that assumption. PA law requires a specific exception of OGM's otherwise whatever estate, right, and title held by the grantors pass through the conveyance, right?
Curious to hear some other opinions on this situation.