Sale of Property Validity Based on Extrinsic Description
Synthèse Legislator
Généré par l'IAA party sued to annul a sale of property, alleging that the written contract, which did not specify the precise dimensions of the land sold, was void for uncertainty, but the appellate court confirmed the lower court's finding that the description was sufficient because the property was clearly identifiable based on its physical boundaries and cadastral references, which allowed for precise determination of the area being sold. The highest court upheld this decision, reasoning that although a written contract for the sale of real property requires a description that allows the object of the sale to be precisely determined, extrinsic elements, such as physical boundaries and official records, can cure an incomplete description in the deed itself, meaning the contract was valid as the object of the sale was certain and ascertainable.
Regeste Legislator
Généré par l'IASale of Property Validity Based on Extrinsic Description: The highest court upheld this decision, reasoning that although a written contract for the sale of real property requires a description that allows the object of the sale to be precisely determined, extrinsic elements, such as physical boundaries and official records, can cure an incomplete description in the deed itself, meaning the contract was valid as the object of the sale was certain and ascertainable.