Texas Surveyors Practice Exam

Which part of a description serves to subtract or reserve rights from the area described?

1. Body

2. Qualifying Clause

3. Caption or Preamble

4. Augmenting Clause

The correct answer is: Qualifying Clause

The qualifying clause in a land description serves to define specific limitations or exclusions relating to the rights associated with the property. This part of the description addresses what is being retained or reserved, such as minerals, easements, or other rights that may not be conveyed with the ownership of the land. It clarifies the extent of ownership by specifying any rights that are subtracted or reserved from the total area of the property being described, thus making it essential for establishing clear legal boundaries regarding ownership and rights in real estate transactions. Other parts of the property description, such as the body, the caption or preamble, and the augmenting clause, serve different purposes, like providing the general description of the property, establishing the intent of the description, or enhancing certain characteristics of the land being described, but they do not focus specifically on subtracting or reserving rights.