Legal Definitions - containing by estimate

Containing by estimate is an older legal phrase, primarily found in property deeds, that signifies a stated measurement of land area is approximate rather than exact. It essentially means "more or less." This phrase was historically used to acknowledge the practical challenges of achieving absolute precision in land surveying, especially for irregularly shaped parcels or with less advanced surveying techniques. Its inclusion aimed to manage expectations and prevent legal disputes over minor discrepancies between the acreage described in a deed and the actual physical area.

• Imagine a large, undeveloped rural property being sold. The deed might describe the land's boundaries using natural features like a river or an old stone wall, and then state, "said parcel containing by estimate one hundred fifty (150) acres." This indicates that while the seller and buyer agree on the general size of the property, they understand that a precise survey might reveal a slightly different acreage, and the sale is not contingent on the area being exactly 150 acres. The phrase acknowledges this inherent approximation.

• Consider a historical land grant from the early 20th century. The original document might detail the property's boundaries using landmarks and compass directions, and then conclude, "the whole of said tract containing by estimate three hundred (300) acres." This phrasing reflects the surveying practices of the era, where measurements were often less precise than modern techniques, and the term served to acknowledge this inherent approximation, ensuring the conveyance was valid despite potential minor variations.

• When reviewing an older deed for a commercial property in a developing urban area, you might encounter a description like, "Lot 7, Block C, as per plat recorded in Plat Book 20, Page 15, containing by estimate two (2) acres." Even if a modern survey could determine the exact acreage with high precision, this phrase in the original deed signifies that at the time of that particular conveyance, the two-acre measurement was presented as an approximation, allowing for minor variations without invalidating the property description or the transfer of ownership.