Saturday, December 5, 2009

Bava Batra 106 – Selling a Field by Landmarks

If a seller states that he is selling a field of a specific size and also identifies the field by its landmarks and boundaries, he has made two contradictory statements. "Within these landmarks and boundaries" means selling as is, regardless of size. The fact that he added the field size compels him to at least come close to this size.

If the field was found to be of a different size, then if the difference is less than a sixth, the field becomes the buyer's without any adjustment. If the difference is more significant than a sixth, they must adjust, with the seller or the buyer paying the difference.

This 1/6 is different from overcharge since no overcharge law exists for land. Instead, it is an estimate of what people forgive.

Art: Enclosed Field at Eragny by Camille Pissarro 

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