Definition
"By C" as a standalone abbreviation does not constitute an independent legal term. In the context of Rapalje & Lawrence, the heading "BY C" introduces a cluster of alphabetical entries beginning with that prefix. The substantively defined term in this grouping is:
**BY ESTIMATION** — A phrase inserted in conveyances to describe the quantity of land being transferred where the acreage has not been precisely determined by survey or measurement. The expression signals that the stated quantity is approximate rather than exact. Typical formulations include "containing ten acres by estimation" or the equivalent "containing ten acres more or less."
The practical effect of the phrase is to protect a grantor from liability for a deficiency in quantity and to put the grantee on notice that the stated acreage is not warranted as exact. It is closely associated with the phrase "more or less," which carries the same operational meaning in conveyancing practice.
---
Common Confusion
"By estimation" is frequently conflated with a warranted statement of acreage. A deed that states a parcel "contains ten acres" without qualification has historically been treated differently from one that says "contains ten acres by estimation" or "more or less." The qualifying phrase shifts risk to the buyer and generally forecloses an action for breach of covenant based solely on a shortage in quantity, unless the discrepancy is so gross as to suggest fraud or a mutual mistake going to the essence of the transaction. Researchers should not assume the two formulations are interchangeable.
---
Why It Matters in Research
The phrase "by estimation" is a navigational signal in historical deed records and land grant documents. Researchers working with pre-survey conveyances — particularly colonial-era grants, early federal land patents, and rural deeds recorded before systematic cadastral surveying — will encounter this phrase with high frequency. Its presence indicates that the stated acreage should not be taken as a reliable measurement for any modern title or boundary analysis.
In historical legal sources, the entry under "BY C" in Rapalje & Lawrence also references "D. HIS ATT'Y" in connection with articles of agreement, citing 10 Wend. (N.Y.) 87. This suggests the broader "BY C" heading was a catch-all in the original dictionary for miscellaneous shorthand and phrase entries — a common organizational artifact in nineteenth-century legal dictionaries that can confuse modern researchers expecting a single coherent term.
Jurisdictional variation in how courts treat "by estimation" language matters for title litigation. Some courts have held that even a "more or less" qualifier does not insulate a grantor where the shortage is disproportionate; others have treated the phrase as a near-absolute disclaimer of quantity warranty. Searching case law by jurisdiction before drawing conclusions from the general rule is essential.
---
Historical Dictionary Support
Rapalje & Lawrence is the sole source in this entry's dictionary shelf. The treatment is sparse but accurate: the entry defines "by estimation" in conveyancing terms and gives "more or less" as the functional synonym. What the source does not address is the doctrinal question of when a quantity discrepancy becomes so substantial that courts will disregard the qualifying phrase — a question heavily litigated in nineteenth-century American land cases. The citation to 10 Wend. (N.Y.) 87 under the adjacent "D. HIS ATT'Y" subentry reflects the fragmentary, cross-reference style typical of Rapalje & Lawrence, where abbreviations used in reported decisions are catalogued alongside substantive terms without always providing full doctrinal treatment.
Researchers relying solely on Rapalje & Lawrence for this phrase will have the correct definition but will need to supplement with case law to understand the limits of its protective effect.
---
Jurisdictional Note
American courts, particularly in states with early land grant histories (Virginia, New York, Massachusetts, and the former Northwest Territory), developed substantial case law on "by estimation" language in the context of overlapping grants and boundary disputes. The phrase appears less frequently in modern conveyancing, where survey requirements have made approximate descriptions less acceptable, but remains relevant to title examination of older chains of title.
---