1.3 Legal Descriptions and Surveys
Key Takeaways
- Three legal-description methods: metes and bounds, rectangular (government) survey, and lot and block (recorded plat).
- Metes and bounds must start and return to the point of beginning; monuments control over conflicting distances.
- Memorize: acre = 43,560 sq ft; section = 1 sq mile = 640 acres; township = 36 sq miles = 36 sections.
- To size a sectional description, multiply all denominators and divide 640 by the product.
- Datum and benchmarks fix vertical elevation for air lots and condominium units; street addresses are never legally sufficient.
Why Street Addresses Are Not Enough
A legal description identifies a parcel with enough precision that a surveyor could locate its exact boundaries. Street addresses change and are not legally sufficient. The national exam tests three accepted methods: metes and bounds, the rectangular (government) survey system, and the lot-and-block (recorded plat) system.
1. Metes and Bounds
The oldest method, used in the original 13 colonies and irregular parcels. It begins at a defined point of beginning (POB), traces metes (distances and compass bearings) and bounds (boundaries such as roads, monuments, or natural features), and must return to the POB to close the parcel. A description that does not close is defective. Monuments (a stone, an iron pin) control over recited distances if the two conflict.
2. Rectangular (Government) Survey System
Established by the Land Ordinance of 1785, this system uses principal meridians (run north-south) and base lines (run east-west). From their intersection, land is divided into a grid:
| Unit | Size |
|---|---|
| Township | 6 miles x 6 miles = 36 square miles |
| Section | 1 mile x 1 mile = 640 acres |
| Quarter section | 160 acres |
| Quarter-quarter section | 40 acres |
Each township contains 36 sections, numbered 1 to 36 in a serpentine (boustrophedonic) pattern starting at the northeast corner. One acre = 43,560 square feet.
Reading a Sectional Description
Read a description like "the NW 1/4 of the SE 1/4 of Section 10" right to left, multiplying fractions by 640 acres.
- SE 1/4 of Section 10 = 1/4 x 640 = 160 acres
- NW 1/4 of that = 1/4 x 160 = 40 acres
Worked numeric: "The S 1/2 of the NE 1/4 of the SW 1/4" = 1/2 x 1/4 x 1/4 x 640 = 640 / 32 = 20 acres. Always multiply all the denominators (2 x 4 x 4 = 32) and divide 640 by the product. If a value is missing on test day, work the chain one step at a time, carrying the acreage forward.
3. Lot and Block (Recorded Plat / Subdivision) System
Used for subdivided urban land. A developer records a subdivision plat map in the county; each parcel is then described by its lot number, block number, the subdivision name, and the recording reference (book and page). This is the simplest, most common method for residential lots. Example: "Lot 7, Block 3, Sunny Acres Subdivision, as recorded in Plat Book 12, Page 45." Because the plat map already shows precise dimensions, easements, and setbacks, the deed need only cite the lot, block, and recording data; the recorded map supplies the rest.
This is why most residential closings you will handle use lot-and-block rather than lengthy metes-and-bounds calls.
Combining Systems and Surveys
The three methods are not mutually exclusive. A subdivision plat is itself laid out within a government-survey section, and an irregular tract inside a section is often described by metes and bounds anchored to a section corner. A licensed surveyor prepares the description and a plat (drawing) of the boundaries; a spot survey also locates improvements to reveal encroachments. The description in the deed must match the recorded plat or the survey, or a title cloud results.
Datum, Benchmarks, and Air Lots
Vertical (elevation) measurements use a datum — a defined point, surface, or plane from which elevations are measured (the official datum is mean sea level). A benchmark is a permanent marker, often a brass disk set by the National Geodetic Survey, showing elevation relative to the datum. Air lots and condominium units are described in three dimensions using elevation references because ownership is stacked vertically, with the air space above and the structure described relative to the datum.
How many acres are contained in 'the NE 1/4 of the SW 1/4 of the NW 1/4' of a section?
In a metes-and-bounds description, what must the description always do to be valid?
Exam Traps
- Acre = 43,560 sq ft and section = 640 acres are must-memorize numbers.
- A township is 36 square miles containing 36 sections — do not confuse the two 36s.
- When monuments conflict with distances in metes and bounds, monuments control.
- Street addresses and tax-parcel numbers are NOT legally sufficient descriptions.
Section and Township Math
The rectangular survey system is a fertile source of area questions. Anchor these facts:
- A township is 6 miles by 6 miles = 36 square miles, divided into 36 sections.
- A section is 1 mile by 1 mile = 640 acres.
- 1 acre = 43,560 square feet.
Worked example: A description reads "the NW 1/4 of the SE 1/4 of Section 12." Multiply the fractions of the section: 1/4 x 1/4 = 1/16 of a section. 640 acres x 1/16 = 40 acres.
Worked example: "The S 1/2 of the NE 1/4" = 1/2 x 1/4 = 1/8 of a section = 640 / 8 = 80 acres. The trick is always to multiply the fractions, then multiply by 640.
Exam trap: Read the description right to left and multiply every fraction together before applying 640 acres. Each added quarter or half divides the acreage further.
How many acres are contained in the SW 1/4 of the NW 1/4 of a section?
Metes-and-Bounds Essentials
A metes-and-bounds description traces the boundary by direction and distance from a fixed starting point called the point of beginning (POB), and it must close by returning to that exact point. It is the oldest system and the one used in Connecticut and other original-colony states that lack the rectangular survey.
Exam trap: A valid metes-and-bounds description always returns to the point of beginning; if it does not close, the parcel is not fully described.