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Stated approximately: A traditional expression used to indicate an approximation. This phrase is commonly employed in legal papers when specifying the dimensions of land or property. It signifies that the measurement is not precise, but rather an estimate.
The term “containing by estimate” is an archaic phrase that is used to mean “more or less.” It is commonly found in deeds that involve measurements made by metes and bounds. For instance, a property may be described as containing by estimate 10 acres of land. This indicates that the property is approximately 10 acres, but the exact measurement may vary slightly. The term is used because metes and bounds descriptions can be challenging to measure precisely. Similarly, a deed may state that a lot is containing by estimate 1/2 acre of land. This means that the lot is approximately 1/2 acre, but the exact measurement may differ slightly. Again, the term is used due to the difficulty in precisely measuring the lot’s boundaries described by metes and bounds.
“Containing by estimate” is a term used in legal documents, such as contracts or property deeds, to indicate that the measurements or quantities mentioned are approximate and not exact. It allows for a margin of error in the stated measurements.
Yes, a contract can still be considered valid even if it includes the phrase “containing by estimate.” However, it is important for all parties involved to clearly understand and agree upon the approximate measurements or quantities mentioned in the contract.
If the actual measurements or quantities differ significantly from the estimates mentioned in a contract, it may lead to disputes between the parties involved. In such cases, it is advisable to consult with a legal professional to determine the best course of action, which may include renegotiating the terms of the contract or seeking legal remedies.
While “containing by estimate” allows for a margin of error, it should not be used as a means to deceive or mislead someone intentionally. Parties involved in a legal agreement have a duty to act in good faith and provide accurate information. If it is found that one party intentionally misrepresented the estimates, it may lead to legal consequences.
There are no specific legal requirements for using the phrase “containing by estimate” in a contract. However, it is recommended to clearly define the scope and limitations of the estimates mentioned to avoid any misunderstandings or disputes in the future.
Yes, “containing by estimate” can be used in real estate transactions to indicate the approximate measurements of a property. However, it is crucial for buyers to conduct their due diligence, such as obtaining a professional survey, to ensure the accuracy of the estimates before finalizing the transaction.
Yes, it is possible to challenge the estimates mentioned as “containing by estimate” in a legal document if there is evidence to suggest that the estimates were intentionally misrepresented or significantly deviate from the actual measurements or quantities. Consulting with a legal professional can help determine the best course of action in such situations.
Yes, “containing by estimate” can be used in construction contracts to indicate the approximate quantities of materials or the estimated dimensions of a structure. However, it is important for both parties to clearly understand and agree upon the estimates mentioned to avoid any disputes during the construction process.
While “containing by estimate” allows for a margin of error, it is important to note that it cannot be used as an excuse for grossly inaccurate measurements or quantities. Parties involved in a legal agreement still have a duty to act in good faith and provide reasonably accurate information.
“Containing by estimate” may be used as evidence in court proceedings, but its weight and significance will depend on various factors, such as the context in which it is used and the credibility of the estimates provided. Courts will typically consider all available evidence and arguments before making a decision.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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