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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.