Watts v. Ridenhour
Watts v. Ridenhour
Opinion of the Court
The only question presented is whether the option agreement contains a description of the land sufficiently definite to meet the requirements of the statute of frauds, G.S. 22-2. We agree with the trial court that it does not.
A contract to sell or convey land, or a memorandum thereof, within the meaning of the statute of frauds, must contain a description of the land, the subject matter of the contract, which is either certain in itself or capable of being reduced to certainty by reference to something extrinsic to which the contract refers. Carlton v. Anderson, 276 N.C. 564, 173 S.E. 2d 783 (1970) ; Lane v. Coe, 262 N.C. 8, 136 S.E. 2d 269 (1964) ; Searcy v. Logan, 226 N.C. 562, 39 S.E. 2d 593 (1946).
Here, the property subject to the option is described simply as “additional acreage lying to the rear of Plot No. 8 . . . this acreage to lie primarily on the southeast side of a line running along the southeastern side of Plots Nos. 4, 5, 6 and 10 and extending on to the rear property line.” To locate property “lying to the rear of Plot No. 8” it is first necessary to locate
The reference in the option agreement to the property as “acreage to lie primarily on the southeast side of a line running along the southeastern side of Plots Nos. 4, 5, 6 and 10 and extending on to the rear property line” does not aid the description but merely adds to the uncertainty. The “southeastern side of Plots Nos. 4, 5, 6 and 10” is not a straight line and it is impossible to locate with certainty any exact extension of such a line “to the rear property line.” Even if such a line could be located exactly, the acreage involved is described, not as lying on the southeast side of such a line, but only as lying “primarily” on the southeast side thereof.
The description of the land which is the subject of the written option agreement being neither certain in itself nor capable of being reduced to certainty by reference to anything referred to in the contract, the option agreement is void for uncertainty. The judgment appealed from is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.