When it comes to mineral deeds, the details matter. Among the many provisions that can shape a mineral deed, the Mother Hubbard Clause stands out as both a practical tool and a potential source of legal disputes. This clause is designed to act as a “catch-all,” addressing minor drafting errors or oversights. However, its broad scope can have unintended consequences if not handled carefully.
Let’s break down what the Mother Hubbard Clause is, why it’s used, and what to watch for when you encounter one in a mineral deed.
What Is the Mother Hubbard Clause?
The Mother Hubbard Clause, sometimes called a “cover-all” clause, is a provision often included after the legal property description in a mineral deed. Its purpose is to convey adjacent or contiguous lands that the grantor owns but might have been unintentionally omitted from the deed’s formal legal description.
A typical Mother Hubbard Clause might read:
“This conveyance includes, in addition to the lands described herein, any and all other lands or mineral interests owned by Grantor adjoining, contiguous, or adjacent to the lands described.”
Why Is It Used?
Drafting legal descriptions for mineral deeds can be tricky. A single misstep—whether due to a minor survey discrepancy, ambiguous tract boundaries, or simple oversight—can lead to gaps in what the grantor intended to convey.
The Mother Hubbard Clause serves as a safety net to ensure the conveyance includes:
- Adjacent or Contiguous Tracts: Properties directly adjoining or touching the described lands.
- Unintentionally Omitted Interests: Minor tracts or strips of land that were overlooked during the drafting process.
In theory, this clause simplifies the conveyance process and minimizes disputes about minor omissions.
How Does It Work in Practice?
The effectiveness of a Mother Hubbard Clause depends largely on its wording and the intentions of the parties. Here’s how it generally operates:
- Covers Minor Omissions: If the grantor owns a narrow strip of land or a fractional mineral interest adjoining the primary tract, the clause ensures those interests are also conveyed.
- Adjacent but Not Described: It applies to adjacent lands only if they are not specifically excluded in the deed.
For example, if a mineral deed describes a 100-acre tract but the grantor owns a small adjacent 2-acre tract that wasn’t explicitly described, the clause might sweep in the 2 acres as part of the conveyance.
Potential Pitfalls
While the Mother Hubbard Clause is designed for convenience, it can lead to unintended outcomes—especially when the grantor owns significant interests near the described property.
Unintended Transfers
If the grantor owns an adjacent tract they do not wish to convey, the clause could inadvertently transfer those rights. For example, a mineral owner with multiple contiguous properties might find themselves conveying far more than intended. Worse yet, some unscrupulous buyer might bury a countywide conveyance in a Mother Hubbard Clause (“all the Grantor’s property in the county…”). Sometimes this is desirable (e.g., when a seller wants to get rid of all their minerals and tax obligations in a county), but oftentimes sellers sign off on these provisions without realizing what they’re doing.
Ambiguity
The clause’s broad language can create confusion about what is or isn’t being conveyed. Without clear boundaries, disputes between the grantor and grantee (or even third parties) can arise. Indeed, the Mother Hubbard Clause is designed to be a backstop against a sloppy legal description, so it’s no wonder that it will lead to disputes.
Legal Challenges
Courts generally enforce Mother Hubbard Clauses, but their interpretations can vary depending on state law and specific deed language. In some cases, courts may limit the scope of the clause to minor errors and refuse to extend it to significant tracts or valuable mineral rights.
Best Practices for Using or Reviewing a Mother Hubbard Clause
If you’re drafting or reviewing a mineral deed that includes a Mother Hubbard Clause, here are some key considerations:
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Review the Legal Description Carefully
Ensure the formal property description is as complete and accurate as possible. The less reliance on the Mother Hubbard Clause, the better. - Understand the Grantor’s Intentions
If you’re the grantor, clearly specify any adjacent or contiguous properties you do not want to convey. This can be done by explicitly excluding them in the deed.
For example:“This conveyance does not include any lands or mineral interests in Section 15, Township 3 South, Range 4 West, notwithstanding the inclusion of a Mother Hubbard Clause.”
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Be Specific About the Clause’s Scope
Consider limiting the clause to minor tracts or specific types of interests (e.g., “minor survey discrepancies” or “narrow strips of land contiguous to the described property”). -
Consult an Attorney
Mineral deeds are inherently complex, and small mistakes can have big consequences. A qualified attorney can help ensure the clause aligns with your intentions and avoids unnecessary disputes. - Communicate with the Other Party
Whether you’re the grantor or grantee, discuss the purpose and scope of the Mother Hubbard Clause upfront to avoid misunderstandings later.
When to Use (or Avoid) a Mother Hubbard Clause
A Mother Hubbard Clause can be useful when:
- You’re dealing with minor property lines or tracts that are easy to overlook.
- The grantor wants to simplify the conveyance and avoid disputes over small, adjacent interests.
However, you should avoid or narrow the clause when:
- The grantor owns multiple adjacent tracts with distinct legal descriptions or substantial value.
- There is any uncertainty about which properties the grantor intends to keep or convey.
The Bottom Line
The Mother Hubbard Clause is a valuable tool in mineral deeds, but it’s not a one-size-fits-all solution. While it can address minor errors or omissions, its broad scope can lead to unintended consequences if not carefully worded or understood.
Whether you’re drafting, signing, or reviewing a mineral deed, take the time to evaluate the clause’s implications and, when in doubt, consult with a knowledgeable attorney. A little diligence up front can save a lot of headaches down the road.