LP-5 Required Reading Part One - protrain.hs.llnwd.net (Req Read) P1.pdfLP-5 Required Reading Part...

LP-5 Required Reading Part One

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Land Description

When ownership of real property is transferred f rom one person to

another, the legal documents used in the transaction must specify what

piece of land is being conveyed. The section of a document that identif ies

the land is called the property description or legal description . I t ’s

essent ial for the descript ion to be clear and accurate; an ambiguous or

uncertain descript ion could make a contract or a deed inval id, and confusion

over exact ly what land was transferred could cause problems not only for the

part ies involved in the current transaction, but also for the part ies in future

transactions. To ensure the necessary accuracy, land is descr ibed using one

of the three main methods of legal descript ion, which we’ l l discuss short ly.

When f i l l ing in a property descr ipt ion on a contract form, a real estate

agent copies the establ ished descr ipt ion f rom the sel ler ’s deed, or f rom

another rel iable source such as a t it le report. I f the descript ion is at all

complicated, it ’s best to photocopy it and attach the copy to the contract,

instead of copying the descr ipt ion by hand. Al l of the part ies to the contract

must init ia l and date the attachment.

Surveys

In most cases a property’s legal descr ipt ion is based on a survey of the

property. When a parcel of property is surveyed, land surveyors go to the

site and locate the exact boundar ies of the parcel, using extremely precise

compasses and other surveying equipment. They typical ly place metal pipes,

stakes, or other markers at the corners of the parcel. Af ter complet ing a

survey, the surveyors prepare a legal descript ion and a survey sketch .

The survey sketch is a drawing that shows the location, boundaries, and

dimensions of the parcel. I t may also show the size and locat ion of buildings

on the property.

Land surveys have a var iety of uses. When property is subdivided, a

survey is used to establ ish lot boundaries. Surveys are also used to prevent


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or sett le boundary disputes between neighbors. When a parcel of land is

being sold, potential buyers may have the land surveyed in order to

determine the exact boundaries and discover any encroachments (see

Chapter 6). Sometimes mortgage lenders and t it le companies require a

survey in connect ion with a loan or t it le insurance.

In most states, surveyors are required to be l icensed by the state.

Surveys are generally prepared according to standards developed by the

American Land Tit le Associat ion and the American Congress on Surveying

and Mapping. These are known as the ALTA/ACSM standards.

Methods of Description

There are three major methods used to describe land in legal documents:

the metes and bounds method,

the government survey method, and

the recorded map method.

Metes and Bounds Descriptions. The metes and bounds method is the

oldest of the three methods

of land descr ipt ion. In a

metes and bounds

descr ipt ion, a parcel of land

is described by specifying

the location of its

boundaries. The boundar ies

are descr ibed by reference

to three things:

monuments , which

may be natural

objects such as

boulders, trees,

or r ivers, or man-made objects such as roads or survey markers;

courses (direct ions), in the form of compass readings; and


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distances , measured in any convenient units of length.

Reading a Metes and Bounds Description . A metes and bounds

descr ipt ion f irst specif ies a point of beginning , which is a convenient and

well-def ined point on one of the parcel ’s boundary l ines. A monument may

be used as the point of beginning (“Beginning at the old oak tree,” for

example), or the point of beginning may be descr ibed by reference to a

monument (“Beginning at a point 200 feet north of the old oak tree,”

for example).

Af ter establishing the point of beginning, the descr ipt ion then spe cif ies a

series of courses and distances. For example, “north, 100 feet” is a course

and distance; so is “south 30 degrees east, 263.5 feet.” By start ing at the

point of beginning and following the courses and distances given, a surveyor

could walk along the parcel ’s boundary l ines, al l the way around and back to

the point of beginning. A metes and bounds descr ipt ion must end up back at

the point of beginning; otherwise, it wouldn’t describe a total ly enclosed

tract of land.

Types of Monuments. Early metes and bounds descr ipt ions of ten used

natural objects such as “the old oak tree” as monuments, but those aren’t

very rel iable reference points; they don’t necessari ly maintain their exact

locations over t ime, and they may also be destroyed. Modern descript ions

use monuments that are more f irmly f ixed and durable, such as survey

markers or bench marks (discussed later in the chapter).

Compass Bearings. Direct ions or courses in

metes and bounds descript ions are given in a

pecul iar fashion. A direct ion is described by

reference to its deviat ion f rom either north or

south, whichever is closer. Thus, northwest is

wr it ten as north 45° west, since it is a deviat ion

of 45 degrees to the west of north. Similarly,

south-southeast is writ ten south 22½° east,


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since it is a deviat ion of 22½ degrees to the east of south. East and west

are both wr it ten relat ive to north: north 90° east and north 90° west,

respect ively. (There are 360 degrees in a circ le.)

Resolving Discrepancies. To specify the direct ion or length of a boundary,

monuments are sometimes used in conjunction with courses and distances,

as in “northerly along the eastern edge of Front Street 100 feet” or “north,

100 feet more or less, to the centerl ine of Smith Creek.” If there’s a

discrepancy between a monument and a course or distance, the monument

takes precedence. In the examples just given, the f irst boundary would be

along the edge of Front Street, even if that edge does not run due north, and

the second boundary would extend to the center of Smit h Creek, even

if the actual distance to that point is not exactly 100 feet.

Discrepancies may also occur between other elements of a metes and

bounds descript ion. To resolve them, the following order of prior ity is used:

1. natural monuments,

2. man-made monuments,

3. courses,

4. distances,

5. names (e.g., “Smith Farm”),

6. areas (e.g., “40 acres”).

In case of a conf l ict between any two of these elements in a descript ion,

the one with higher prior ity prevai ls.

A discrepancy in a metes and bounds descript ion may be the result of

imprecise measurement when the descript ion was or iginal ly writ ten. Also, as

we ment ioned, some monuments don’t stay in exactly the same posit ion

over the years, and that can give r ise to discrepancies .

Government Survey Descriptions. In the government survey system, also

cal led the rectangular survey or publ ic land survey system, land is descr ibed

by reference to a grid of l ines established by a survey. (These are imaginary


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l ines, l ike the longitude and lat itude l ines on a globe.) This system of land

descr ipt ion was created by the federal Land Ordinance of 1785, af ter most of

the land in the eastern states already had been sett led and described using

the metes and bounds method. Thus, government survey descript ions are

mainly used west of the Mississippi River.


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The terminology used in the government survey system may seem

confusing at f irst, and we recommend that you study the accompanying

diagrams closely.

The system is made up of a series of large gr ids cover ing the United

States. Each of these grids is composed of two sets of l ines, one set running

north/south, the other east/west. Each grid is ident if ied by a principal

meridian , which is the original north/south l ine establ ished in that grid, and

by a base line , which is the or iginal east /west l ine. (See Figure 2.7.) There

are 35 pr incipal mer idians and 32 baselines in the system. (See Figure 2.5.)

Grid l ines run paral lel to the pr incipal meridian and the base l ine at

intervals of six miles. The east/west l ines are cal led township lines , and

they divide the land into rows or t iers called township tiers . The north/south

l ines, cal led range lines , divide the land into columns called ranges . (See

Figure 2.7.)

The area of land that is located at the intersection of a range and a

township t ier is called a township , and it is ident if ied by its posit ion relat ive

to the principal meridian and base l ine. For example, the township that is

located in the fourth t ier north of the base l ine and the third range east of

the principal meridian is cal led “Township 4 North, Range 3 East.” (See

Figure 2.7.) This may be abbreviated “T4N, R3E.”

Grid systems are identical across the country, so a government survey

descr ipt ion must include the name of the principal meridian that’s being used

as a reference. (Since each principal meridian is used with only one base

l ine, it isn’t necessary to specify the base l ine.) I t ’s also a good pract ice to

mention the county and state where the land is situated, to avoid any

possible confusion. So, for example, a c omplete descr ipt ion of a township

might be T4N, R3E of the Mt. Diablo Meridian, Sacramento County,

State of Cal ifornia.


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Each township measures 36 square miles and contains 36 sections. Each

section is one square mile, or 640 acres. The sections are numbered in a

special way, start ing with the northeast corner and moving west, then down

a row and eastward, snaking back and forth and ending with the southeast

corner. (See Figure 2.8.)

Smaller parcels of land can be ident if i ed by reference to sections and

part ial sect ions, as i l lustrated in Figure 2.9. For example, the descr ipt ion for

a f ive-acre parcel might be “the east half of the NW quarter of the NE

quarter of the SW quarter of Section 12, Township 6 South, Range 10 East

of the Indian Meridian, Bryan County, State of Oklahoma.” To locate a parcel

of property on a government survey map, f irst f ind the section in question,

then start at the end of the descript ion and work back wards through the

part ial sect ions to the beg inning. In other words, f ind Section 12, then the

southwest quarter of section 12, then the northeast quarter of that southwest

quarter, then the northwest quarter of that northeast quarter, and f inally the

east half of that northwest quarter.

Even in an area where land is descr ibed using the government survey

method, it may also be necessary to use the metes and bounds method. This

is true, for example, when the parcel to be descr ibed is small or non -

rectangular. The government survey method is used to identify the general

location of the parcel, but then the metes and bounds method is used to

specify the parcel ’s precise locat ion and boundaries.

Correction Lines. Because of the curvature of the earth, range l ines are not

exactly paral lel; they converge very gradual ly as they go north. (If they were

extended all the way north, range l ines would meet at the North Pole.) To

compensate for this, there is a correction line every 24 miles north and

south of a base l ine. There is also a guide meridian every 24 miles to the

east and west of the principal mer idian.

Every fourth range l ine is a guide meridian and every fourth township l ine

is a correct ion l ine. Each guide meridian runs only as far north or south as


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the next correct ion l ine (24 miles); correct ion l i nes run as far as the next

guide meridian. The 24-by-24-mile area created by a guide meridian and a

correct ion l ine is cal led a government check or quadrangle .

Government Lots. Part ial sect ions that have an irregular shape or aren’t the

standard size are cal led government lots . Each government lot is assigned

a lot number and referred to by that number.

Government lots arise in a variety of situations. Some occur because a

body of water or other obstacle makes it impossible to survey a section

that ’s exact ly one mile square. Other government lots are necessary

because certain sect ions have an excess or shortage of land as a result of

the system of correct ion l ines explained above. The government lots

created for this reason are usually along the north and west boundaries

of a township.

Lot and Block Descriptions. The lot and block method of land descr ipt ion

is also referred to as the recorded map or recorded plat method. I t was

developed to make legal descr ipt ions of subdivided land more convenient,

and it ’s now the method of descript ion used for most property in

urban areas.

When land is subdivided, a surveyor uses the metes and bound method or

the government survey method to map out lots and blocks (groups of lots

surrounded by streets) on a subdivis ion map cal led a plat or plat map . The

plat is then recorded in the county where the land is located. (See Chapter 4

for a discussion of the recording system.)

Once a plat has been recorded, a reference to one of the lot numbers on

the specif ied plat is a suff ic ient legal descript ion of the lot. Since a precise

descr ipt ion of the lot ’s locat ion and boundaries is already on f i le in the

county recorder ’s of f ice, that descript ion may be incorporated into any legal

document simply by stat ing the lot number and the block number ( if any) and

the name of the subdivis ion.


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Example: The lot and block descript ion for a part icular single -

family property is Lot 59, Block 48, Highland Creek Subdivis ion, in

the City of Charlotte, County of Mecklenburg, State of North

Carolina, as shown in map book 29, page 341, in the Register of

Deeds Off ice of said county. By looking up the plat for this

subdivis ion in the county map book, you could f ind the precise

location and dimensions of this parcel.

Plat maps frequently contain a considerable amount of useful information

beyond a detai led descript ion of lot boundaries. For example, they may

include area measurements, the location and dimensions of any easements,

the location of survey markers, and a l ist of use restr ict ions applying to t he

land. (Note, however, that studying a plat map is not a substitute for a t it le

search. See Chapter 4.)

Other Methods of Description. There are other ways of describing land

besides the three major methods of descript ion we’ve discussed. When

an adequate descr ipt ion of property is already a matter of public


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record—contained in a recorded document— then a simple reference to that

earl ier document serves as an adequate property descript ion in a new

document. (For example, “All that land described in the d eed recorded under

recording number 92122401503 in Arapahoe County, Colorado.”)

References to records of survey may be used, if they have been recorded in

the county where the property is located.

Also, general ized descript ions such as “all my lands” or “S mith Farm” can

be adequate, as long as they make it possible to determine the precise

boundaries of the property being descr ibed. But it ’s always best to use the

least ambiguous descript ion possible, to prevent future problems. This is

especial ly true if the property owner has several propert ies in one area.

In most states, a property’s street address or common name is not

considered an adequate legal descr ipt ion. Also, as a general rule, neither a

tax assessor’s parcel number nor the land descr ipt ion given on a property

tax bi l l should be used as a legal descr ipt ion for the property.

Elevations and Air Lots. Not every parcel of real property can be described

simply in terms of its posit ion on the face of the earth. Descript ions of some

forms of real property must also indicate their elevation above the ground.

For example, a unit on an upper story of a condominium bui lding occupies a

specif ic parcel of airspace—an air lot . The legal descript ion of the unit

includes the elevation of the air lot.

In other cases, a property descr ipt ion has to indicate a specif ic distance

or posit ion underground. For example, that might be necessary in a

document concerning subsurface r ights in oi l, gas, or minerals.

A posit ion above or below ground is described by reference to a datum ,

which is an established plane of elevation. Mean sea level is commonly used

as a datum, although most large cit ies have an of f icial datum of their own.

Subsidiary reference points, cal led bench marks , are also establ ished to


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make it easier to measure elevation. A bench mark is a point whose posit ion

relat ive to a datum has been accurately measured. A surveyor can use a

bench mark as a reference when it is more convenient than using the datum.

(Rockwell, 34-42)

Cited Material:

Real Estate Principles . Bellevue, WA: Rockwell Publishing, 2014. . Pr int.

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