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Land & surveying

“More or less”: the four words that change a land deal

7 min read10 questions answered

The question

What does “more or less” mean on a Sri Lankan land deed, and does it matter?

Those four words qualify the extent written on a deed. Where a current survey plan disagrees with them, the survey is what the land actually is, and the gap has a price.

Four words appear in the extent clause of a great many Sri Lankan deeds, and most buyers read straight past them. The deed states the size of the land, and then adds that it is that size more or less.

The phrase is a qualifier. It attaches to the number and quietly withdraws any guarantee that the number is right. It does not say by how much it might be wrong, in which direction, or when anybody last checked.

What the words are doing

An extent clause with that qualifier is making a weaker claim than it appears to make. It is saying the parcel is around this size, on the description available to the person drafting the instrument.

That is not dishonesty and it is not unusual. It is an accurate statement of what the drafter actually knew. The difficulty is that it reads like legal furniture, the sort of formal phrasing that fills a document without meaning anything, and so it gets skipped.

How a stale number survives for decades

A transfer describes the property by copying the description from the instrument before it. Boundaries, references and extent travel forward together, and each transfer inherits whatever the last one asserted.

Re-measuring is a separate job. It costs money, it takes a surveyor’s time, and nobody in a smooth transaction has an obvious reason to insist on it. So a figure recorded once can pass through a chain of owners without a single person walking the boundary to test it.

The length of a title search is what exposes this. Thirty-five years is the period commonly quoted as a floor; the CB Law Chambers buyer’s guide puts the floor at thirty. Whichever period your notary works to, a chain that long can carry a single extent from instrument to instrument without variation, each drafter relying on the one before rather than on a measurement.

What the gap is worth

Put a number on it. Take a deed that describes a plot as thirty-two perches more or less, and a current plan that measures 29.75.

The shortfall is 2.25 perches, 612.6 square feet, or 56.9 square metres, which is a shade over seven per cent of what you believed you were buying. How the units nest, and the places converting between them quietly goes wrong, is the subject of perches, roods and acres. This piece takes the arithmetic as read and goes straight to the money.

Then apply the rate. Because land here is priced by the perch, 2.25 missing perches cost 2.25 times whatever rate was struck, and the sum holds in any currency at any price point. Seven per cent off the top of a purchase price is not a rounding error on anything.

There is a second, less obvious cost. Stamp duty on a transfer is 4 per cent of the consideration in all nine provinces, charged by the Provincial Departments of Revenue on the higher of the price agreed and their own assessed value, and paid by the buyer before the deed is registered at the Land Registry. Duty follows the price, not the measurement. Pay for land you do not receive and you pay duty on it as well.

Which document is describing the ground

A deed records a claim. A current survey plan records a measurement.

Where the two disagree, the survey describes the land, a conclusion the law firms and specialist agencies publishing on Sri Lankan purchases arrive at as well. The reason is not that a surveyor outranks a notary. It is that one of those documents was produced by someone standing on the parcel with instruments, and the other was produced by copying. An extent clause is a sentence handed down; a plan is a reading taken.

The statutory scaffolding behind that, who may certify a plan, what they must file with the Surveyor-General, and whose ruling closes a surveying question, comes from the Survey Act, No. 17 of 2002 and is set out in how to read a survey plan. Two points from it bear on the negotiation rather than the paperwork. A plan lodged with the Surveyor-General has not thereby been endorsed; the Act’s approval provision runs only to the state’s own systematic mapping. And whether you may build on or subdivide the parcel is decided by the local authority on its own timetable, so an extent problem surfacing late can cost you a schedule as well as a sum.

That is the practical position. What it means for your particular transfer, whether you can reduce the price, withdraw, or require anything of the seller, depends on the terms agreed and on the wording of the instrument, and it is a matter for a notary or an attorney. A1 is an estate agency, not a legal practice, and this article states where things stand rather than what you should do about them.

When the phrase costs you nothing

The qualifier is not in itself a warning. Where a licensed surveyor measured the plot recently and nothing has been carved off it since, the words are a formality and the extent behind them holds.

The circumstances that put money at risk are narrower, and they are easy to recognise. A plan drawn before the land was subdivided. A boundary wall rebuilt on a slightly different line. A road widened at the front. A parcel divided between family members with no fresh survey to record it. Each of those can shift what the parcel actually measures while the written figure stays precisely where it was.

A related trap is worth naming, because it survives a re-survey. Extent and frontage are separate quantities and the deed qualifies only the first. Two plots of identical extent can carry very different road frontages, and therefore very different values, so a surveyor who confirms the extent has not confirmed that the frontage matches what you were walked around.

What to do when the two numbers disagree

The checks that surface a gap in the first place, the plan’s date, the lot you are actually buying, the extent printed on it, the access, and whether the drawing agrees with the pegs outside, are the subject of how to read a survey plan, and they cost nothing but an afternoon. What follows is for after one of them has failed.

Convert it into money before anything else. The shortfall multiplied by the rate per perch you have been quoted gives you the figure the rest of the conversation is actually about, and it is easier to discuss a sum than a fraction.

Commission a licensed surveyor while the price is still open. A number agreed in principle is far harder to move than one still being discussed, and an advance already handed over is harder to unwind again.

Give the notary both documents at once rather than one and then the other. The size of the gap, the wording of the instrument and whatever your contract says about extent form a single question, and splitting it across two appointments spends time you may not have.

Then decide what the gap is for. It can bring the price down, it can become a condition of the sale, or it can be the reason you leave. The one thing it should not do is go unmentioned, because whoever buys the parcel from you later will be measuring the same ground.

Where the argument does not arise

For some parcels there is nothing to argue about, and it is worth finding out early whether yours is one of them. The Registration of Title Act, No. 21 of 1998 puts absolute ownership onto a state register instead of leaving it to be inferred from a succession of instruments, and it works from a cadastral map on which each parcel’s position, its limits and its area are recorded, the description the Registrar General’s Department relies on.

If a title certificate has been issued, the extent in front of you was produced by a state survey, not inherited from a sentence someone copied decades ago. That changes the negotiation before it starts, because there is no stale figure for a seller to defend. Establish which register the land sits under before you make an offer on the strength of a number.

Where to take this next

Four words on a deed, attached to an old plan, are a reason to measure while the price is still a proposal rather than a commitment. What a surveyor charges is small against seven per cent of a parcel, and it is the one version of that expense you get to choose.

Then hand both documents to a notary. Where the limits of the parcel run, how much land sits inside them, and what a transfer actually passes to you are legal questions, and they need someone qualified to answer them. A1 works on land in seven districts, Colombo, Kandy, Gampaha, Kurunegala, Matara, Galle and Nuwara Eliya, and the half of this we can answer is the market half, meaning what a shortfall of that size is worth and how far it ought to move the number. The rest belongs to a surveyor and a notary, and we will say so rather than improvise.

Questions

Everything else people ask.

What does “more or less” mean on a Sri Lankan land deed?

It is a qualifier attached to the extent, telling you the figure in front of it is approximate rather than measured. The words do not say by how much, in which direction, or when the extent was last checked. They are an admission of imprecision written in a form that reads like ordinary legal furniture.

Does “more or less” mean the extent on my deed is wrong?

Not necessarily, but it means nobody is standing behind the number. Practitioners who publish on Sri Lankan conveyancing report that extent figures in older deeds often fail to match the ground, because the number tends to be copied forward from an earlier instrument instead of being re-measured for the sale in front of you. Price it as a figure still to be confirmed.

If the deed and the survey plan disagree, which one describes the land?

The survey, in practice, and that is the version you should be negotiating against. Measurement by a licensed surveyor tells you what the parcel is today; an extent clause repeats what some earlier drafter believed. Certification and filing duties for surveyors, and the Surveyor-General's authority to settle a surveying question, sit in the Survey Act, No. 17 of 2002. What the gap does to your own transfer, the price, your ability to withdraw, any remedy against the seller, turns on the terms you agreed and is for your notary or attorney to determine.

How much land is a difference of two perches?

Two perches is 544.5 square feet, or 50.6 square metres. On a thirty-perch plot that is more than six per cent of what you are buying, and on a small building plot it can be the difference between a design that fits the setbacks and one that does not. Small-sounding extent gaps are rarely small in money.

Should I ask the seller to commission a new survey?

Ask, and be prepared to pay for one yourself if the seller declines. A measurement you commission answers your question rather than the question someone else once had, and what it costs is trivial beside the sum you are about to transfer. A seller who resists re-measuring a decades-old plan has told you something worth knowing before you agree a figure.

Can I renegotiate the price if a survey shows less land than the deed says?

Yes, and the arithmetic is straightforward, the shortfall multiplied by the agreed rate per perch. Whether you have a contractual right to reduce the price, walk away, or claim anything depends on the terms you agreed and on the deed, which makes it a question for your notary or attorney rather than for an agent.

Does an overstated extent change the stamp duty I pay?

No, and that is the point. Duty runs at 4 per cent of the consideration in all nine provinces, and it bites on the larger of two figures, what you agreed to pay, or what the Provincial Department of Revenue assesses the property at. Duty tracks money, not measurement, so land you pay for and never receive is still land you pay duty on.

Why do old deeds keep repeating the same extent?

Because a transfer copies the description of the property from the instrument before it, and re-measuring is a separate exercise that costs money and takes time. A figure written once can therefore travel through a chain of transfers for decades without anyone standing on the land with a chain and a theodolite.

Does registered title under the Registration of Title Act remove the problem?

It narrows it considerably. The Registration of Title Act, No. 21 of 1998 registers ownership itself instead of a chain of documents, working from a cadastral map that shows where a parcel sits, where its boundaries run and how large it is. Where a title certificate has been issued, you are reading a state-prepared description rather than an inherited one.

Who should I ask about a discrepancy between the deed and the plan?

A notary or an attorney, and a licensed surveyor. The surveyor establishes what the land measures. The notary tells you what the deed conveys and what your options are. An estate agency can tell you what the difference is worth in the market, which is a useful third answer but not a substitute for the first two.