Save and Except Clause Law and Legal Definition
‘Save and except’ is an exceptional clause or expression especially used in a legal context. The usage of the clause in a deed or a statute provides a restriction or condition, at the same time it excludes the applicability of the restriction/condition in certain situations.
For example, when a deed specifically saves and excepts from the transfer a certain extent of land conveyed to the grantee, the words ‘save’ from and ‘except’ out of reflect the intention of the grantor to exclude from the deed, and to retain some part of the tract of land which has been specifically described as granted.
The following is an example of a case law on ‘save and except’:
The Plaintiff by a warranty deed conveyed the land (the 81.105 acres and the 116 acres) to the Defendant, ‘save and except for all oil, gas and other minerals’. The question for determination was: what is the construction of the language ‘save and except all oil, gas and other minerals’?
The court held that ‘an interest in land which is excepted from a grant is excluded from the grant and does not pass to the grantee. A reservation operates for the benefit of the grantor and serves to retain in him his ownership to the extent stated, whereas an ‘exception’ is a mere exclusion from the grant in favor of the grantor only to the extent that such interest as is excepted may then be vested in the grantor and not outstanding in another.’ [York v. Kenilworth Oil Co., 614 S.W.2d 468 (Tex. App. 1981)].
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