Mother Hubbard Clause Example

For example the lessor might own adjoining Sections 1 and 2 lease Section 1 with a Mother Hubbard clause and intentionally leave Section 2 unleased. The so-called Mother Hubbard clauses or descriptions are seldom used in this state but in the past have been.

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The deed contained the following Mother Hubbard and general granting clause.

Mother hubbard clause example. A Mother Hubbard clause generally recites that all relief not expressly granted is denied. The inclusion of Mother Hubbard language or its equivalent in an order granting summary judgment makes an otherwise partial summary judgment final for appeal purposes. For example the property description might state that in addition to the described premises the lease covers adjoining contiguous or adjacent lands owned by the lessor The second component is meant to cover any interests that vest in the lessor after the lease has been issued.

The original intent of the Mother Hubbard clause was to include small strips of land left out of the legal description. The Lands include all property adjoining contiguous or adjacent to the Lands and owned by Buyer. Key Elements of Granting Clause cont.

The clause first appears in oil and gas leases from the 1930s in the case law in Texas. For example the property description might state that in addition to the described premises the lease covers adjoining. Mortgage terms of art include anaconda mortgage or the similar Mother Hubbard clause which provides that in the event of default the mortgagee may foreclose on any loans that are owed by the mortgagor to the same mortgagee.

This prevents the oil and gas company from having to lease separately small unleased tracts of land or from being sued by the lessor for taking minerals that they did not lease. 3 The intent of the clause is to extend the oil and gas lease to lands that the lessor owns that are not included within the. M Mother Hubbard Clause Mother Hubbard Clause Mother Hubbard Clause Definition.

The first is a property catch-all. Although many variations exist the Mother Hubbard clause typically consists of two basic components. Depth and Formation RestrictionsSubsurface Easement in Depths Not Leased Cover-All Mother Hubbard Provision eg the intent of Lessor to lease to Lessee all lands owned by Lessor in Section.

The following are examples of caselaw on Mother Hubbard Clause. The Lands subject to this deed also include all strips gores roadways water bottoms and other lands adjacent to or contiguous with the lands specifically described above and owned or claimed by Grantors. Mother Hubbard clauses are problematic because they are open to interpretation.

Russo Rizzio has considerable experience dealing with Hubbard Clauses. A little more about Westley Lohmann Click on above picture for Resume I was born in New Jersey NY and came to Texas when I was 13. In all Oil and Gas Leases in Coffey County Kansas is an example of a Mother Hubbard clause.

Mother Hubbard Clause Many purchase and sale agreements will include in the property description whats called a Mother Hubbard Clause which is included after the property description and says something like. In the Jones case the Supreme Court says no. Although many variations exist the Mother Hubbard clause typically consists of two basic components.

All land owned by the Lessor in the above mentioned Section or Sections or Surveys all property acquired by prescription and all accretion or alluvion. An example of the Mother Hubbard Clause is. All of that certain 100 acres of land described in deed from John Doe to Robert Smith recorded at Volume 99 page 99 of the deed records of Karnes County Texas save and except 10 acres of land described in deed from Robert Smith to Mary Jones recorded at Volume 100 page 100 of the deed records of Karnes County Texas.

The Mother Hubbard2 or catchall clause of the Oil and Gas Lease has been a part of the Oil and Gas Lease for many years. The first is a property catch-all. Encyclopedia of Real Estate Terms Third Edition.

Does the lease on Section 1 include Section 2. A Hubbard Clause is an addendum or rider to a residential real estate purchase agreement that makes the purchase contingent upon the Buyer selling their own home first. And parties but includes a Mother Hubbard clause.

A Mother Hubbard clause generally recites that all relief not expressly granted is denied Mafrige 866 SW2d at 590 n1. A sample Mother Hubbard Clause found in a common producer lease form states This lease also covers and includes in addition to that above described all land if any contiguous or adjacent to or adjoining the land above described and a owned or claimed by lessor by limitation prescription possession reversion or unrecorded instrument or b as to which lessor has a preferential right of. Many leases include what is commonly called a Mother Hubbard clause.

A clause in a conveyance document that purports to convey portions of real property that are not specifically described in the document itself. Its important that you hire an attorney familiar with how they work and the potential pitfalls. The Mother Hubbard Clause is usually within the first couple of paragraph and is stated similar to this lease covers all lands owned by lessor adjacent or contiguous to the described lands.

Sometimes a Mother Hubbard clause means only that the relief requested in the motionnot all the relief requested by anyone in the caseand not granted by the order is denied and sometimes it may. The language used in the second paragraph of the assignment from Owens to Tours in which the assignor conveyed to the assignee all interest of whatsoever nature in all working interests. Is the order final and appealable which starts the appellate timetable running or is the order interlocutory.

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