Land Grab

[egglebl]

What is the name of your state (only U.S. law)? NYS

Land Grab

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My question involves real estate located in the State of: NYS

I sold a farm in 2003. The following are the details:

The Realtor's contract that all parties signed described the property as "+/- 211 acres.
I kept an adjacent farm
The property sold was NOT surveyed
The lawyer who handled the sale advised that the sale and deeds would be construced according to historical documentation since no survey was done.
My intent was to sell the farm for a predetermined amount, regardless of acreage
So I paid no attention to acreage - it was irrelevant to me
Buyer and Seller (Me) signed the realtor contract
5 years have elapsed
The buyer is now selling.
He is selling by the acre and has found HIS buyer who expects to purchase 211 acres
Upon doing research (Not sure what kind but not a survey) they have discovered they are 14 acres short
The 1st buyer who bought the farm from me expects me to mark out an additional 14 acres and give it up
The boundries are clear and follow natural lines
They are described in my deed
What is the legal and ethical thing for me to do?
I understand that 14 acres is quite a lot to be missing but neither of us had any idea of the descrepancy 5 years ago.

On the one hand, I feel the buyer should have either insisted on or coordinated a survey to verify the true acreage 5 years ago. According to the lawyer (we both used the same guy), errors could exist.

Perhaps if the buyer had used a different lawyer this would have been discovered at the time.

If I give up 14 more acres the boundries will be very convoluted. I do not want to hand over property that we both walked around and agreed upon the boundry points which are described in my deed.

Please comment

ThanksWhat is the name of your state (only U.S. law)?

[Some Random Guy]

The party agreed to the specified historical boundaries and chose not to have a survey done. He had adequate opportunity to visit and measure the property before purchasing. The +/- should be a good sign that the exact acreage is not known.

Tell him to bite rocks. Don't waste money on a lawyer until his threats turn into legal action.

[HomeGuru]

Originally Posted by egglebl

What is the name of your state (only U.S. law)? NYS

Land Grab

--------------------------------------------------------------------------------
My question involves real estate located in the State of: NYS

I sold a farm in 2003. The following are the details:

The Realtor's contract that all parties signed described the property as "+/- 211 acres.
I kept an adjacent farm
The property sold was NOT surveyed
The lawyer who handled the sale advised that the sale and deeds would be construced according to historical documentation since no survey was done.
My intent was to sell the farm for a predetermined amount, regardless of acreage
So I paid no attention to acreage - it was irrelevant to me
Buyer and Seller (Me) signed the realtor contract
5 years have elapsed
The buyer is now selling.
He is selling by the acre and has found HIS buyer who expects to purchase 211 acres
Upon doing research (Not sure what kind but not a survey) they have discovered they are 14 acres short
The 1st buyer who bought the farm from me expects me to mark out an additional 14 acres and give it up
The boundries are clear and follow natural lines
They are described in my deed
What is the legal and ethical thing for me to do?
I understand that 14 acres is quite a lot to be missing but neither of us had any idea of the descrepancy 5 years ago.

On the one hand, I feel the buyer should have either insisted on or coordinated a survey to verify the true acreage 5 years ago. According to the lawyer (we both used the same guy), errors could exist.

Perhaps if the buyer had used a different lawyer this would have been discovered at the time.

If I give up 14 more acres the boundries will be very convoluted. I do not want to hand over property that we both walked around and agreed upon the boundry points which are described in my deed.

Please comment

ThanksWhat is the name of your state (only U.S. law)?

**A: you and the attorney were unwise to sell property without a survey.