Property Sale Area Discrepancy and Lesion Beyond Moiety Claim

Property Sale Area Discrepancy and Lesion Beyond Moiety Claim: A dispute arose concerning the sale of an immovable property where the buyer, relying on a preliminary agreement that did not specify the exact boundaries, later discovered that the property's area was significantly smaller than what was orally represented during negotiations, leading to a demand for resolution based on lesion beyond moiety; the court rejected the claim, reasoning that in the sale of a specific, corporeal immovable property where the extent of the land was merely indicated without being a fundamental condition of the sale, the purchaser cannot seek rescission based on lesion if the discrepancy between the stated area and the actual area does not exceed one-twentieth, as the legal presumption is that the parties intended to sell the property as it exists, regardless of minor volumetric inaccuracies.