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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Previous Questions
Question:
A few years ago we bought what we thought was 160 acres. The property was described as one-quarter of a section. We didn't a get a survey, since a section is 640 acres. Last year, when we sold, the buyer wanted a survey. The survey showed that there are 171 acres rather than 160 acres. How can there be 171 acres when the description calls for 160 acres? Click here for the answer.


Question:
This past week I looked at three properties in Montgomery and Callaway Counties. In every situation, the brokers or the owners pointed to a fence line, a creek or a tree line and said that was the boundary. When I asked if the property had ever been surveyed, the answer was no. One of the sellers said that had been the line since he owned it, so that was the boundary line. These people made me feel like I was asking a dumb question. Are they right or should I have a survey of the property? Click here for the answer.


Question:
We are planning to sell our land. When is the best time? We heard that more people look in the spring. Click here for the answer.


Question:
Our family has owned 500 acres in Callaway County for the past 25 year. Most of the property is accessed from the county road. Unfortunately, about 80 acres at the back of the property is on the other side of a large stream and steep bluff.
The only access is by four-wheel drive or walking. Since we have used this land for hunting, this has never been a problem. Now we are planning to sell. If there was a better access to the 80 acres, we could get more money. We found what appeared to be the remnants of an old county road that use to go to the property, but the neighbor had block it with a locked gate. If this used to be a county road, don't we have the right to use it?
Click here for the answer.


Question:
Recently, we looked at 120 acres in Montgomery County. The property is at the end of a private road. The road goes through a neighbor's land. When I asked the broker if the roadway was a recorded easement, he said no, but that the road had been there for several years; therefore, no one could keep us from using it. Is he right? Click here for the answer.

 

Have A Question about buying or selling land?
Then email it to us: leonrmiller@mindspring.com

 

Leon R. Miller Co. l 12015 Manchester Rd l Des Peres, MO 63131
(O) 314.966.4100 or 800.969.4102
l (F) 877-767-7686
leonrmiller@mindspring.com