What happens if a survey mistakenly omits a strip of land?

If a survey mistakenly omits a strip of land, the application of the Mother Hubbard Clause can come into play. This legal principle helps address issues that arise when a property description is incomplete or vague. The Mother Hubbard Clause typically allows a description to effectively encompass all adjoining lands owned by the grantor, even if those lands are not explicitly described in a deed or legal document. This means that if a survey overlooks a specific strip of land, the Mother Hubbard Clause might infer that the omitted strip is still legally part of the property due to the intent of the property owner.

The concept is significant in land surveying and real estate law as it helps prevent disputes over boundaries by acknowledging the intention to include all adjacent land in the property description. This clause provides a legal remedy to address omissions or ambiguities, ensuring the rightful ownership and clarity of property boundaries.

In contrast, a scenario where the strip becomes part of the dominant estate, the creation of a new parcel description, or the land remaining unclaimed shows alternative resolutions that do not apply directly to situations of description omission but rather involve different legal interpretations or ownership scenarios. The Mother Hubbard Clause specifically addresses the issue of unintentionally omitted land, providing a framework for resolving such discrepancies.