[WSBARP] Listing exceptions to title in deed versus "boiler plate" reference to exceptions of record

[Jeanne Dawes]

If I’m representing the Grantor I want them listed along with the blanket statement at the end.  If I’m representing the Buyer, I also would like them listed, as opposed to having the blanket statement at the end, but most Seller’s will want to include the blanked statement.  As long as the conveyance is insured I’m okay with that.

I often have escrow closer complain about having to include a detailed listing of the exceptions, but when I represent a seller I always insist upon it, even if it means I have to prepare the deed.  I have noticed that it is becoming more common to see the exceptions listed in the deed.  However, I would still include “easements, restrictions and covenants of record” language.


Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Randall Cornwall
Sent: Thursday, September 22, 2016 2:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Listing exceptions to title in deed versus "boiler plate" reference to exceptions of record

Does anyone have a strong opinion one way or another when it comes to the necessity of listing out all of the exceptions, easements, ect. on a warranty deed versus using a blanket statement something along the lines of:

"This conveyance is subject to any and all exceptions, easements, restrictions, leases, mineral and royalty reservations of public record."

An LPO is telling me that they are taught that language equivalent to the above is sufficient, and listing out (or attaching as an exhibit) all of the exceptions ect. called out in the in the title report is not necessary.

Thanks in advance for your feedback.

-Randy.
___________________________
Randall J. COrnwall
DEMCO LAW FIRM, P.S.
(206) 203-6000
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