1.3 Legal Descriptions and Surveys
Key Takeaways
- The three legal-description methods are metes and bounds, rectangular (government) survey, and lot-and-block (recorded plat).
- Metes and bounds starts and ends at the same point of beginning (POB) and uses distances, directions, and monuments.
- A section is 1 mile square and contains 640 acres; a township is 6 miles square and holds 36 sections.
- Lot-and-block descriptions reference a recorded subdivision plat and are common in developed areas.
- Datums and benchmarks measure elevation for condos, air rights, and subsurface rights.
Why Legal Descriptions Matter
A street address is not a legal description. To convey title, deeds use a legal description precise enough to locate a parcel without ambiguity. Three accepted systems appear on the exam.
1. Metes and Bounds
The oldest method, used in the original colonies and for irregular parcels. It describes the boundary by metes (distances and directions) and bounds (monuments and reference points). Rules the exam tests:
- The description must begin and end at the same point of beginning (POB) so the boundary closes.
- It proceeds in sequence (e.g., "N 30 degrees E for 200 feet to an iron pin").
- Monuments (a fixed iron pin, an oak tree, a road) generally control over stated distances if the two conflict.
Trap: a description that does not return to the POB does not enclose a parcel and is defective. If the metes-and-bounds call never closes, the description fails.
The Rectangular (Government) Survey System
Used in most states west of the original colonies. It overlays land with principal meridians (north-south lines) and base lines (east-west lines), then divides land into a grid.
The Math You Must Know
| Unit | Size | Contains |
|---|---|---|
| Township | 6 miles x 6 miles (36 sq. mi.) | 36 sections |
| Section | 1 mile x 1 mile | 640 acres |
| Quarter section | 1/2 mile x 1/2 mile | 160 acres |
| Quarter-quarter | 1/4 mile x 1/4 mile | 40 acres |
Key constants: 1 acre = 43,560 square feet, 1 section = 640 acres, 1 township = 36 sections. Sections within a township are numbered 1 to 36 in a serpentine (boustrophedon) pattern, beginning in the NE corner with section 1 and ending in the SE corner with section 36.
Worked acreage problem
Describe "the NW 1/4 of the SE 1/4 of Section 8." Work right to left, dividing as you go:
- SE 1/4 of the section = 640 / 4 = 160 acres.
- NW 1/4 of that = 160 / 4 = 40 acres.
Each time the description adds a quarter, divide by 4. Two quarters means 640 / 16 = 40 acres. If a problem reads "the N 1/2 of the NE 1/4," that is 640 / 4 = 160, then / 2 = 80 acres.
A parcel is described as "the SW 1/4 of the NW 1/4 of the NE 1/4 of Section 12." How many acres is the parcel?
Lot-and-Block and Elevation Datums
3. Lot-and-Block (Recorded Plat / Lot-and-Block System)
When land is subdivided, the developer records a plat map in the county records dividing the tract into numbered lots and blocks. A deed then reads, for example, "Lot 7, Block C, of Sunridge Estates, as recorded in Plat Book 12, Page 45, of Maple County records." This is the dominant method in modern developed areas because it is short and references a recorded survey. Trap: the plat must be recorded for the reference to be valid; an unrecorded sketch is not a legal description.
Measuring Elevation: Datum and Benchmark
Horizontal systems locate a parcel on the surface, but condominiums, air rights, and subsurface rights need vertical measurement.
- A datum is a defined reference point of elevation (commonly mean sea level) from which heights and depths are measured.
- A benchmark is a permanent marker (often a brass disk) whose elevation relative to the datum is precisely known; surveyors measure from it.
Condominium air lots are described using datums and benchmarks so that a unit's floor and ceiling elevations are fixed in three dimensions. Trap: elevation references do not replace the horizontal description; a condo deed combines a plat/lot reference and elevation data.
Reading the Rectangular System Fractionally
Quarter-section problems are pure multiplication of fractions against 640 acres (one section). For a description like "the NW 1/4 of the SE 1/4 of the SW 1/4," multiply the denominators: 4 x 4 x 4 = 64, then 640 / 64 = 10 acres. Each additional "1/4 of" divides by 4 again; each "1/2 of" divides by 2.
| Description fragment | Calculation | Acres |
|---|---|---|
| 1/4 of a section | 640 / 4 | 160 |
| 1/4 of 1/4 | 640 / 16 | 40 |
| 1/4 of 1/4 of 1/4 | 640 / 64 | 10 |
| 1/2 of 1/4 of 1/4 | 640 / 32 | 20 |
Townships, Tiers, and the Monument Hierarchy
A township is 6 miles by 6 miles = 36 sections. Townships are located by tier (rows north/south of the base line) and range (columns east/west of the principal meridian). Sections are numbered 1-36 in a boustrophedon (back-and-forth) pattern: Section 1 sits in the northeast corner, numbering runs west to 6, drops down, and runs east, snaking to Section 36 in the southeast corner.
When descriptions conflict, courts apply the priority of monuments: natural monuments (a river, a tree) outrank artificial monuments (an iron pin), which outrank courses and distances (bearings and footages), which outrank area (the stated acreage). The exam answer when a deed's call says "to the oak tree, 300 feet" but the tree is actually 290 feet away: the monument controls over the distance.
A surveyor needs to fix the floor and ceiling elevations of a third-floor condominium air lot. Which combination is used?