24/08/2025
Why Do Most Lawyers Not Use “And/Or” in Property Documents?
If you’ve ever noticed, most lawyers avoid using “and/or” in legal documents.
Why?
Because in law, that little phrase is not harmless - it is a trap.
Imagine this;
You and your brother, Daniel and David, buy land.
The Deed describes the buyers as:
“Purchasers: Daniel Murende and/or David Murende.”
At first, it looks harmless.
But legally, it is confusion.
Does it mean Daniel and David together?
Or does it mean Daniel alone?
Or does it mean David alone?
That single phrase can be stretched three different ways.
Now, fast forward
Daniel sells the land without David’s knowledge.
The buyer argues
“The Deed says and/or. That means Daniel could act alone.”
David protests
“But I paid too!”
Too late the wording created an escape route.
That’s exactly why most lawyers don’t use “and/or.”
Because in law, ambiguity is poison... innocent or strategic.
If a word can be twisted, someone will twist it.
Lawyers prefer clear, unshakable words like:
”Jointly” (both must act together), or
”Severally” (either can act alone).
No shortcuts.
No confusion.
No loopholes.
Therefore, lawyers avoid “and/or” because it doesn’t protect you.
It brings confusion and confusion is what fuels litigation.
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