![]() That means that regardless of what representations (or understandings) were made prior to the execution of the deed (which include prior surveys and monuments on the ground), the execution of the deed "merges" all of those into the legal description in the deed. If you chose not to do so, or rely on other erroneous information, then there is no breach of contract.Ĭontract suits on lands sales are made even more difficult because of the principal called "merger" and the fact that every deed has a merger clause. If I contract to sell you 200 acres, and there's only 100 there, there is no breach of contract if you had every opportunity to inspect (which includes surveying) the property. It is almost impossible to allege and prove a simple breach of contract in a real estate sales case that involves boundaries, which is to be distinguished from legal fraud. Also the purchaser is charged with knowing what the boundary lines are of the land he purchases. The purchaser of land is charged with knowing what is on file regarding the land.
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