Legal Descriptions LEARNING OBJECTIVES:

• Explain the importance of an accurate legal description.

• Discuss the three methods of describing real estate.

• Apply the legal descriptions to specific problems.

• Describe how elevations are measured, including their measurements in the legal description of a condominium.

• Recall various land units and measurements.

Legal Descriptions LECTURE OUTLINE: Describing land-the legal description of a parcel of property is the exact location of The parcel according to an established system; the description is legally sufficient if a competent surveyor can locate the parcel using that description.

Methods of describing real estate

A. Metes-and-bounds legal descriptions (see Figure 9.1) 1. Must have a specific point of beginning (POB) 2. Must have measurements (metes = distances) 3. Must have linear boundaries (bounds = directions) 4. Must completely enclose the area (return to the POB) 5. Monuments are used to mark the ends of the measurements/corners of the survey.

Legal Descriptions LECTURE OUTLINE:

B. Rectangular (government) survey system (see Figures 9.2 through 9.7) 1. Established by Congress in 1785 2. Based on two intersecting lines a. Principal meridians that run North and South b. Base lines that run East and West (1) Both principal meridians and base lines are located in reference to degrees of longitude and latitude.

(2) Each principal meridian is named and is crossed by its own base line.

(3) The rectangular survey system affects specific land areas within the boundaries. 3. Township tiers (see Figure 9.2) a. Township lines are six miles apart and run East and West parallel to the base line.

b. Township strips (tiers) are six-mile wide strips of townships that are numbered North and South of the base line.

Legal Descriptions LECTURE OUTLINE:

4. Range (see Figure 9.3) a. Range lines are six miles apart and run North and South parallel to the principal meridian.

b. Range strips (ranges) are six-mile wide strips of townships that are numbered East and West of the principal meridian.

5. Township squares (see Figure 9.4) a. Townships are formed by intersecting pairs of township lines and range lines (the intersection of a township strip and a range strip).

b. Each township is six miles square and contains 36 square miles (36 sections) or 23,040 acres.

6. Sections (see Figures 9.5 and 9.6) a. There are 36 sections in a township.

b. They are numbered 1 through 36, starting in the top right corner and moving East to West and then West to East (similar to the way a field is plowed).

c. Each section is one mile square and contains one square mile or 640 acres.

d. Section 16 is dedicated as the school section.

e. They are divided into quarters for reference purposes.

Legal Descriptions LECTURE OUTLINE:

f. Correction lines (see Figure 9.7) (1) Correction lines are required to overcome the effect of the earth's curvature on range lines.

(2) Every fourth township line is a correction line.

(3) Guide meridians run North and South at 24-mile intervals from the principal meridian.

(4) Adjustments are made on the North and West boundaries of a township (sections 1 through 7, 18, 19, 30, 31).

g. Fractional sections and government lots (1) Undersized or oversized sections are classified as

fractional lots.

(2) Areas smaller than full quarter-sections are designated as

Government lots.

(3) They are used to correct survey errors and physical disparities (such as a partially-submerged property).

h. Reading a government survey legal description and calculating the size of a tract of land (1) Start at the end of description and work backward to the beginning.

Legal Descriptions LECTURE OUTLINE:

(2) Begin size calculations from right hand side with section containing 640 acres, then divide by each fraction given as you move to the left (the beginning of description.) of the principal meridian i. Metes-and-bounds descriptions within the rectangular survey system.

(See Figure 9.8) Occurs when: (1) tract is too small to be described by quarter sections.

(2) when tract does not follow the lot or block lines of recorded subdivision.

(3) when tract does not follow the section , quarter-section or fractional section lines. C. Lot-and-block (recorded plat) system (see Figure 9.9) 1. This system uses a recorded subdivision plat map.

2. It requires a survey plat by a licensed surveyor or land engineer.

3. Identified properties may later be re-subdivided.

4. The system is used in all states, sometimes in conjunction with other legal descriptions.

Legal Descriptions LECTURE OUTLINE: Preparation of a Survey

A. Used to locate a given parcel of land; can also amend a legal description 1. A survey shows the location and dimensions of the parcel 2. Spot survey includes the location of buildings on the land.

B. Requires the use of a licensed surveyor or land engineer C. In Practice: Competent surveyor should prepare a legal description.

Measuring Elevations

A. Condominium laws require a legal definition of the horizontal property rights included with each unit (air lots). (See Chapter 8) B. Subsurface rights are also defined using datum.

C. Datum-a point of reference for measuring elevations 1. The United States Geological Survey (USGS) uses mean (average) sea level in New York Harbor.

2. Many large cities use official local datum rather than USGS datum.

3. Benchmarks-permanent reference points used primarily to mark elevations (See Figure 9.11) a. Monuments-traditionally used to mark only surface measurements

Legal Descriptions LECTURE OUTLINE: Land Units and Measurements (see Table 9.1)

A. Math Concept: Land Acquisition Costs 1. Area times cost per square foot (or per acre).

2. Use the same unit in which cost is given.