Property Description; Metes & Bounds; Revision of Deed & Sale Proceeds
An elderly couple who lived in a rural area which was being encroached by urban sprawl was approached by a shopping mall developer interested in purchasing several hundred acres of their land. The land had previously been subjected to eminent domain actions and public roadways had been built through it, and the couple was unsure of the exact acreage remaining. Without benefit of a survey, the developer signed a contract to purchase the land and accepted a deed which incorrectly described the acreage and the boundaries of the property. When the developer learned the acreage was smaller than stated in the contract and deed, it attempted to recover part of the price paid to the couple. The Firm defended the action for the couple, and no payment was made.