Term
| what is a legal description? |
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Definition
| A legal description of real property is one which accurately locates and identifies the boundaries of the subject parcel to a degree acceptable by courts of law in the state where the property is located. |
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Term
| what are acceptable methods for legally describing real estate? |
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Definition
Accepted Methods
The three accepted methods of legally describing parcels of real estate are:
metes and bounds
rectangular survey system, or government survey method
recorded plat method, or lot and block method |
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Term
| what is Metes and Bounds? |
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Definition
Metes and Bounds
A metes and bounds description identifies the boundaries of a parcel of real estate using reference points, distances, and angles. The description always identifies an enclosed area by starting at an origination point, called point of beginning, or POB, and returning to the POB at the end of the description. A metes and bounds description must return to the POB in order to be valid.
The term "metes" refers to distance and direction, and the term "bounds" refers to fixed reference points, or monuments and landmarks, which may be natural and artificial. Natural landmarks include trees, rocks, rivers, and lakes. Artificial landmarks are typically surveyor stakes. |
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Term
| who developed the rectangular survey system? |
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Definition
| The federal government developed the rectangular survey system, or government survey method, to simplify and standardize property descriptions as a replacement for the cumbersome and often inaccurate metes and bounds method. The system was further modified to facilitate the transfer of large quantities of government-owned western lands to private parties. |
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Term
| for rectangular survey method - describing a fraction is like |
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Definition
n sum, the method of describing a fraction of a section is:
Proceed from the smallest unit to the largest, ending with the section.
First name the location of the unit within the next larger unit, then its fraction of the next larger unit.
Repeat step (2) until you reach the section itself. Give the section number.
The E ½ of the NE ¼ of the NE ¼ of Section 8 |
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Term
| rectangular survey method has how many acres in a section? |
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Definition
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Term
| Name some of the primary uses of legal descriptions. |
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Definition
| public recording, creating deeds and leases, mortgage documents, other legal documents |
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Term
| Give a simple description of the metes and bounds method of description. |
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Definition
| Starting at a point of beginning, it traces an enclosed space by following measured lines around an area and returning to the point of beginning. |
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Term
| What are the main elements of the rectangular survey system? |
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Definition
| Longitudes, latitudes, township grids, ranges, tiers, sections, fractions of sections |
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Term
| In the rectangular survey method, why is it necessary to have guide meridians, standard parallels, and quadrangles? |
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Definition
| Because of the curvature of the earth, a rectangle drawn on the earth's surface using longitudinal lines as sides will be narrower on the side farther from the equator than on the side nearer the equator; thus, townships would become smaller and smaller as one moved farther north of the equator. The guide meridians, standard parallels, and quadrangles limit this variance caused by the earth being round. |
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Term
| Why is it necessary for a complete legal description to include the county and state? |
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Definition
| Principal meridians and base parallels extend through more than one county and state; naming the county and state in the description provides extra protection against misreading a description as applying to two different properties. |
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Term
| what is the recorded plat method? |
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Definition
Subdivision Plat Map
The recorded plat method, also called the lot and block system, is used to describe properties in residential, commercial, and industrial subdivisions.
Under this system, tracts of land are subdivided into lots. The entire group of lots comprises the subdivision. In a large subdivision, lots may be grouped together into blocks for ease of reference. The entire subdivision is surveyed to specify the size and location of each lot and block. The surveyor then incorporates the survey data into a plat of survey, or subdivision plat map, which must comply with local surveying standards and ordinances. |
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Term
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Definition
| Standard elevation reference points |
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Term
| Besides datums for elevation, what else is used? |
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Definition
| In many cases it is impractical for a surveyor to rely on a single datum for an entire surveying area. To simplify matters, surveyors have identified local elevation markers, called benchmarks, to provide reference elevations for nearby properties. Once a benchmark is registered, it provides a valid reference point for surveying other elevations in the immediate area. |
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Term
| Name the components of a description using the recorded plat method. |
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Definition
| Lot number, block identifier, subdivision name, section location, township, county, state. |
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Term
| Explain how a datum or benchmark is used to describe the elevation of a property in a legal description. |
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Definition
| A datum or benchmark has an established elevation. A property description will state that the property is a number of feet above or below the datum or benchmark. |
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Term
| METHODS OF LEGAL DESCRIPTION |
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Definition
metes and bounds; rectangular survey system or government survey; recorded plat or lot and block
legal description is sufficiently accurate, acceptable in court of law; facilitates transfers; avoids disputes; used in legal contracts |
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Term
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Definition
describes property perimeter by landmarks, monuments, distances, angles
from point of beginning (POB), describes perimeter and returns to POB; usable within rectangular survey system |
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Term
| RECTANGULAR SURVEY SYSTEM |
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Definition
The survey grid
meridians: north-south lines six miles apart; one principal meridian per jurisdiction; guide meridian every 24 miles east and west of principal
parallels: east-west lines six miles apart; one base parallel for each principal meridian; standard parallel every 24 miles east and west of principal
check or quadrangle: 24x24-mile square created by intersection of guide meridians and standard parallels
ranges: north-south strips of area between meridians
tiers: east-west strips of area between parallels
townships: the area representing the intersection of a range and a tier, consisting of six-mile by six-mile squares of land |
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Term
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Definition
| 36 sections per township, each one-mile square (1 mile on each side) |
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Term
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Definition
| 1 section = 640 acres; fractions of sections described by size and location within progressively larger quarters of section |
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Term
| Converting section fractions to acres |
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Definition
| formula: multiply denominators of section fractions; divide product into 640 |
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Term
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Definition
| or lot and block system; used in surveyed subdivisions |
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Term
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Definition
| surveyed plat of subdivided tract; legal descriptor if approved and recorded |
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Term
| Description format for recorded plat method |
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Definition
| lots within subdivision are identified by lot reference and block reference: "Lot 7 Block B of the Grand Oaks Subdivision" |
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Term
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Definition
| datum: a standard elevation reference point; benchmark: elevation marker officially surveyed and registered |
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