Legal Question in Real Estate Law in Texas
100 acres sold, only 92 acres exist.
I purchased what thought was 100 acres of land which was owner financed. Deed shows 100 acres. I'm now selling property and poential buyer had a survey whcich is showing only 92 acres. Is there some type of legal recourse for me paying for 100 acres which didn't exist?
2 Answers from Attorneys
Re: 100 acres sold, only 92 acres exist.
Did you not get a survey when you bought the land?
Re: 100 acres sold, only 92 acres exist.
Check your legal description in your deed. If it says 100 acres, more or less, then no. If the property was conveyed by either special or general warranty deed and it describes 100 acres (with no "more or less") then you have recourse against the seller. Also, if you bought a title policy with survey coverage, then you would be covered by the policy for the shortage.
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