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Question:
When
we bought our land, the deed described the farm as 200 acres,
"more or less." At the time, we didn't question,
but now we are wondering what "more or less" means.
Answer:
I'm not sure there is a legal definition
of "more or less." We suggest that properties be
surveyed prior to closing to determine the acres. Here's why.
About
10 years ago, we represented a buyer. The seller said he owned
70 acres "more or less." The buyer agreed to pay
$5,000 per acre but the price would be based upon surveyed
acres and not "more or less."
The
property surveyed to 65 acres and the total purchase price
was reduced by $25,000! The survey cost $4,000.
This
past winter we sold 100 acres at $1,200 per acre. The buyer
wanted a survey of the property but the seller said that since
he had bought the property as 100 acres "more or less,"
he was selling it that way. He would not share the survey
cost nor would be agree to adjust the price based upon surveyed
acres.
However,
the seller did agree to let the buyer survey the property
prior to closing. He also agreed that if there were less than
95 acres, the buyer would have the right to declare the contract
null and void.
The
property surveyed to 110 acres but the sale price remained
at $120,000. Had the seller agreed to a price adjustment,
he would have received $132,000. The cost of the survey was
$3,200.
Determining
the exact acreage is one of the strongest reasons to have
the property surveyed prior to closing. Both buyers and sellers
benefit. The buyer knows the number of acres he is purchasing.
And the seller is selling exactly what he owns, not "more
or less" what he owns.
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