Writing Legal Descriptions 2018-01 · Writing Legal Descriptions ‐NYSAPLS Conf January 2018 17...
Transcript of Writing Legal Descriptions 2018-01 · Writing Legal Descriptions ‐NYSAPLS Conf January 2018 17...
Writing Legal Descriptions ‐ NYSAPLS Conf January 2018
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Legal Descriptions
Scott Reeser, P.L.S.
NYSAPLS 2018 Conference
INTRODUCTION:
• Over 25 years experience in the surveying profession
• Graduate of Penn State survey program
• Licensed in Pennsylvania, New York, West Virginia and Colorado
• Have worked for small firms and larger sized firms
WARNING:
This presentation is not intended to be a lecture. My intent is to
present the attendees with information I have gathered thru various
sources and stimulate discussion on these topics. Participation from
the attendees is essential to the success of the session. Everyone in
attendance is asked to provide input and ask questions. By gathering
input from those present, we may all learn something by the end of
the day.
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Objectives of this Webinar:
– Define the purpose of legal descriptions
– List commonly used types of legal descriptions
– Review the parts of legal descriptions
Objectives of this Webinar:
– Identify common terminology used in legal descriptions
– Identify common mistakes made in the preparation of legal descriptions
– Practice writing legal descriptions
WHAT IS THE PURPOSE OF A LEGAL DESCRIPTION?
Per Black’s Law Dictionary:
“Legal Description. A formal description of real property, including a description
of any part subject to an easement or reservation, complete enough that a
particular piece of land can be located and identified. The description can
be made by reference to a government survey, metes and bounds, or lot
numbers of a recorded plat. ‐ Also termed land description.”
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Types of Legal Descriptions:
– Metes and Bounds
– Reference to other Documents
– Strip or baseline
– Bounded by
– Public Lands / Section Reference
Metes & Bounds:
• Provides a description of the area’s perimeter using
geometry
• Metes refers to bearings or angles and distances.
Bounds refers to the physical monumentation noted
• Relies upon a well defined starting point
• Closed figure
Types of Legal Descriptions:
Types of Legal Descriptions:
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Reference to other Documents:
• Very basic form of description
• Refers to the instrument that created the area
being described
Types of Legal Descriptions:
Types of Legal Descriptions:
Strip or Baseline:
• Similar in nature to a metes and bounds
• Linear description
• Commonly includes a width of the conveyance
• Frequently used to describe utility right of ways or
road alignments
Types of Legal Descriptions:
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Bounded by:
• Relies on the locations of the adjoiners or specific
geographic features
• Difficult to retrace without expanding to adjoining
properties
Types of Legal Descriptions:
Types of Legal Descriptions:
Public Lands / Section Reference:
• Similar to referencing the source document Linear
description
• Refers to the area based on the public lands system
• Can only be employed in those states created under
the Public Lands Survey System
Types of Legal Descriptions:
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Types of Legal Descriptions:
Parts of Legal Descriptions:
– Caption
– Body
– Qualifying Clauses
Caption:
• Identifies location
• Typical Information:
• Municipal reference
• Subdivision name
• Previous surveys
• ‘Title Block’ of the legal description
Parts of Legal Descriptions:
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Parts of Legal Descriptions:
Caption:
Body:
• Should clearly delineate the area being described
• Typical Information:
• Defined point of beginning
• Meets & bounds or the parcel
• Adjoiner references
• Area of the parcel
Parts of Legal Descriptions:
Parts of Legal Descriptions:
Body:
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Qualifying Clauses:
• Source of Title
• Exceptions:
• Previous outsales
• Mineral rights
• Easements to others
• Reservations
Parts of Legal Descriptions:
Parts of Legal Descriptions:
Qualifying
Clauses:
Common Terminology:
There are numerous words and phrases that we see pop up in legal descriptions that can have a real effect on the meaning of the description. We will touch on a few of them and try to gain a better understanding of how they should really be used.
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Adjoining / Contiguous / Coincident / Adjacent:
• Common boundary = Adjoining, Contiguous &
Coincident
• In the same vicinity of = Adjacent
• Avoid the use of contiguous as its definition is
ambiguous
• Do not use “immediately adjacent” as it has the
same meaning as adjoining and contiguous, use one
of these instead
Common Terminology:
Conveyed / Described:
• The two have definite different meanings and
should never be transposed
• Conveyed means the transference of some title or
right
• Described means just that, something has been
portrayed
Common Terminology:
Along:
• Refers to something that is in the same line as what
you are describing
• When a road or other feature having a discernible
width is mentioned to be “along” a described line,
the assumption is made that the line is in the center
or thread of the feature, UNLESS otherwise
qualified
Common Terminology:
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Due North:
• The word should “Due” should not be used, this
creates ambiguity
• When found in descriptions, interpreting this as
magnetic north is generally accepted, but certainly
a risk
Common Terminology:
Excepting / Reserving:
• Both infer the holding back of something from the
description
• Excepting is generally intended to refer to title of
something
• Reserving generally implies some sort of right
• Subject to is typically a previously reserved or
excepted area
Common Terminology:
More or less:
• Implies uncertainty in a measurement and
therefore should be avoided
Common Terminology:
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To a point:
• In most cases, this phrase is used without need,
lines and curves always end at a point
• If the ending point of a course is anything more
than a point at the end of the line (ie. not
monumented), the words “to a point” should be
dropped and the item at the end of the course
should be identified
Common Terminology:
Description Do’s and Do Not’s:
We could spend a great deal of time on suggestions to make legal descriptions better. Based on some of Wattles’ and other’s writings, we will look as few of the more common items or those that may have a bigger impact on preparing legal descriptions.
Direct from Wattles:
• Do be concise
• Do not use unnecessary words or phrases
• Do capitalize cardinal directions
• Do not spell out numbers
• Do avoid abbreviations
• Do not drop leading zeros
• Do spell out measurement abbreviations
Description Do’s and Do Not’s:
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Basis of Bearings:
• Include in the qualifying clauses
• Understand the difference between Magnetic
North, Observed North and Grid North
• When noting Magnetic North or Observed North,
include the date and time of the observation
Description Do’s and Do Not’s:
Units of Measure:
• Include in the qualifying clauses
• Most common unit of length is the US Survey Foot
• Most common unit of area is the acre
• Many other units of measure are out there, older
documents utilize more historical units that some
people may be unaware of today.
• And of course there is the metric system …
Description Do’s and Do Not’s:
Historical Units of Measure:
• Length
• Perch, Rod & Pole
• Chain
• Link
• Area
• Acre
• Hectare
Description Do’s and Do Not’s:
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Modern Units of Measure:
• Length
• US Survey Foot versus meter
• Mile versus kilometer
• Area
• Acre
Description Do’s and Do Not’s:
Smoot
Describing Curves:
• Describing curves should be done with care to avoid
introduction of error due to assumptions
• Each curve described should include the following
information:
• Direction of the curve
• Status of tangency
• 5 Essential parts of the curve
Description Do’s and Do Not’s:
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Course descriptions:
• Each course should have a starting point, direction,
length and ending point
Adjoiners:
• Adjoiners should be noted at the end of the
segment, after the controlling information is noted
Description Do’s and Do Not’s:
Sample Metes & Bounds:
Practical Applications:
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Discussions
Which type of description is the best?
• Metes & bounds provides geometric definition
• Bounded by is very simple
• Reference points back to the ‘parent document’
Discussion Topics:
Numbers versus words?
• Which prevails in the event of a conflict?
• Which do you prefer, words only, numbers only or
both words and numbers?
Discussion Topics:
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Who should prepare legal descriptions?
• Some states require this to be done by a licensed
surveyor
• Should this be restricted to surveyors?
• What about attorneys or their paralegals?
Discussion Topics:
When asked by a client or someone else to prepare a
legal description, what do you provide?
• Paper copy only, digital file, pdf …?
• Do you sign and seal your legal descriptions?
Discussion Topics:
References & Credits:I cannot take full credit for the technical information in this presentation, it is
a collection or research I have collected from a host of sources that
include:
• Black’s Law –Bryan Garner
• Writing Legal Descriptions – Gurdon Wattles
• Manual for the Instruction of Survey of Public Lands – US Dept. of Interior,
Bureau of Land Development
• Land Survey Descriptions – Gurdon Wattles
• Understanding the Risks: Surveys, Descriptions and Plats – John Stahl, 2014
CLSA/NALS Conference
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References & Credits:Contd…
• Writing Legal Descriptions – Wesley Parks & Randall Myers, 2009 PSLS
Conference
• Legal Descriptions – Robert Miller, 2014 PSLS Conference
• Sample plans used in the presentation are submissions to previous PSLS
Conference plat contests.
• Teaching from various surveyors I have worked with including:
– Gregory Kohl, P.L.S.
– Daniel Laudenslayer, P.L.S.
– Robert Miller, P.L.S.
– Nicholas Duchan, P.L.S.
– And others ….