1.3 Legal Descriptions and Surveys

A legal description identifies a parcel so precisely that no other land on earth fits it. Street addresses can change and are never sufficient; every valid deed must contain a legal description. Three methods are accepted nationwide.

1) Metes and Bounds

This method walks the boundary using distances (metes) and directions or landmarks (bounds) starting from a fixed point of beginning (POB).

• A typical line reads: "Beginning at the iron pin, thence N 30 degrees E 200 feet, thence due east 150 feet ..."
• The description must close, returning to the exact POB. A description that does not close is invalid.
• It is the oldest method and is used for irregular parcels and in states without the rectangular survey.

2) Lot and Block (Recorded Plat)

Used in subdivisions, this method references a recorded subdivision map called a plat. The description cites a lot number, a block number, and the subdivision name, for example, "Lot 7, Block 3, Sunny Acres Subdivision."

• Easy to read and verify in public records.
• Relies on a survey that was recorded when the subdivision was platted.

3) Rectangular (Government) Survey

This system divides land using principal meridians (north-south lines) and base lines (east-west lines) into a grid.

• A township measures 6 miles by 6 miles.
• Each township is divided into 36 sections.
• Each section is 1 mile by 1 mile, which equals 640 acres.
• Range lines run north-south; township tiers run east-west, locating each township on the grid.

Acreage Math You Must Know

Start from the constant that one section equals 640 acres and divide by the fractions in the description.

Worked example: "The SE 1/4 of the NW 1/4 of Section 12." Multiply the fractions: 1/4 times 1/4 equals 1/16. Then 640 times 1/16 equals 40 acres.

Second example: "The N 1/2 of the NE 1/4." That is 1/2 times 1/4 equals 1/8, and 640 times 1/8 equals 80 acres. When fractions are separated by "of," multiply them, then multiply by 640.

Identifying the Method on Sight

This recognition is worth easy points. Bearings such as "N 45 degrees W" and a POB always signal metes and bounds. Township and range numbers always signal the government survey.

Surveys and Their Role

A survey maps boundaries, dimensions, improvements, easements, and setbacks. Key terms:

• Monuments are physical markers (pins, stakes) that fix boundary corners.
• Benchmarks are permanent reference marks used to measure elevation.
• Setbacks are the minimum distances a structure must sit from a property line under zoning.

Encroachments and Boundary Problems

An encroachment is an improvement that intrudes onto a neighbor's land, such as a fence, eave, or driveway crossing the line. Even minor encroachments can block financing or cloud title. Resolutions include a recorded boundary agreement, the grant of an easement, or removal of the offending structure.

Survey detail varies by purpose:

• Boundary survey locates the property lines and major improvements.
• Mortgage (location) survey confirms basic boundaries for the lender.
• ALTA/detailed survey adds easements, encroachments, setbacks, and utilities.

A lender often requires a survey before closing, and a title commitment may carry survey exceptions that a current survey can remove by proving no encroachments exist.

Exam tip: if a description fails to close back to the POB, it is defective and cannot convey clear title.

Datum, Elevation, and Vertical Descriptions

Land is three-dimensional, so descriptions sometimes fix vertical position, not just horizontal boundaries.

• A datum is an established reference plane of elevation (such as mean sea level) from which heights and depths are measured.
• A benchmark is a permanent marker whose elevation relative to the datum is known.
• Air lots describe condominium units or air rights by referencing elevations above a datum, common for high-rise condos where each unit's floor and ceiling are defined vertically.

Worked closure check: a metes-and-bounds call of "N 90 E 100 ft, S 0 E 100 ft, S 90 W 100 ft, N 0 W 100 ft" traces a 100-by-100-foot square that returns to the POB, so it closes and describes 10,000 sq ft (about 0.23 acre). If the final call missed the POB, the description would be defective and could not convey clear title.