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 must start and return to the same point of beginning (POB) to close the parcel.
- A section is 1 mile by 1 mile and contains 640 acres; a township is 6 miles by 6 miles and contains 36 sections.
- A street address is never a legal description; a survey establishes boundaries and reveals encroachments.
Why a Legal Description Is Required
A legal description is a precise, legally sufficient way to identify a parcel so that it cannot be confused with any other. A street address or tax-parcel number is not a legal description; it is only a reference. Deeds, mortgages, and many contracts require a true legal description to be enforceable.
There are three accepted methods, and a single deed may even combine them:
- Metes and bounds - oldest method, uses distances (metes) and directions/boundaries (bounds).
- Rectangular (government) survey - grid of principal meridians and base lines used in most states.
- Lot and block (recorded plat / subdivision) - references a recorded map by lot, block, and subdivision name.
Metes and Bounds
This method traces the perimeter of a parcel using a point of beginning (POB), then a series of courses (a direction and a distance) until it returns to the POB. The description must close - it must return exactly to the POB - or the parcel is not legally defined.
Key terms:
- Monuments: fixed reference markers (an iron pin, a large oak, a road). Natural monuments generally control over recited distances if they conflict.
- Courses: compass bearings such as "N 45 degrees E."
Exam trap: if a metes-and-bounds description does not return to the POB, it is defective. Watch for questions where the POB is omitted or where the description simply stops without closing the loop.
Rectangular (Government) Survey
This system divides land using principal meridians (north-south lines) and base lines (east-west lines). The intersections create a grid.
Commit these numbers to memory - they are tested often:
| Unit | Dimensions | Area / count |
|---|---|---|
| Township | 6 miles x 6 miles | 36 square miles, 36 sections |
| Section | 1 mile x 1 mile | 640 acres |
| 1 acre | - | 43,560 square feet |
| Quarter section | 1/2 mile x 1/2 mile | 160 acres |
Sections within a township are numbered 1 to 36 in a boustrophedonic (serpentine) pattern: Section 1 is in the northeast corner, numbering runs west to Section 6, drops down, runs east, and so on, ending with Section 36 in the southeast corner.
Worked example: "The NW 1/4 of the SE 1/4 of Section 14." Read it right to left. Start with the section (640 acres). The SE 1/4 = 640 / 4 = 160 acres. The NW 1/4 of that = 160 / 4 = 40 acres.
A parcel is described as the "S 1/2 of the NE 1/4 of the NW 1/4" of a section. How many acres does it contain?
Lot and Block, and the Role of the Survey
Lot and block (also called the recorded plat or subdivision method) is the most common method for urban and suburban property. A developer records a plat map with the county; each parcel is then described as, for example, "Lot 7, Block 3, Sunset Acres, as recorded in Plat Book 12, Page 45." The recorded plat supplies all the detailed dimensions.
A survey is the on-the-ground process that locates and measures the parcel:
- A boundary survey establishes corners and lines.
- An ALTA/NSPS survey is the detailed commercial standard required by many lenders and title insurers.
- A spot survey or improvement-location survey shows where buildings sit relative to lot lines.
Surveys reveal an encroachment (a structure illegally extending onto a neighbor's land, such as a fence over the boundary) and confirm easements. A buyer relying only on a description without a survey may not discover an encroachment until it is too late.
Vertical descriptions
For condominiums and multi-story rights, a datum (an established reference elevation, commonly mean sea level) plus benchmarks allows description of air lots and underground space by elevation, not just by surface boundary.
More Government-Survey Math
Expect at least one calculation question. Use this reliable two-step routine: (1) read the description right to left, and (2) divide 640 by the denominator at each fraction, multiplying the fractions together.
Worked example: "The E 1/2 of the SW 1/4 of Section 9."
- E 1/2 = 1/2, SW 1/4 = 1/4.
- Multiply the fractions: 1/2 x 1/4 = 1/8.
- 640 acres x 1/8 = 80 acres.
Linear and area conversions worth memorizing:
| Conversion | Value |
|---|---|
| 1 mile | 5,280 feet |
| 1 acre | 43,560 square feet |
| 1 square mile (section) | 640 acres |
| 1 township | 36 square miles |
Exam trap: a government lot is an irregular parcel (often less than a full quarter-quarter) created where a section borders water or a state line; do not assume every "lot" reference means a subdivision plat.
Reading a Survey and Spotting Title Problems
A survey is the practical bridge between a paper description and the dirt. Beyond confirming acreage, the survey is where many title problems first surface.
- An encroachment found at survey can reduce value, block a sale, or require a boundary-line agreement.
- An unrecorded easement discovered by physical inspection (a worn path, an overhead wire) is exactly what a survey is meant to catch, because a title search of records alone may miss it.
- A setback violation (a structure too close to the lot line under zoning) appears on the survey before a building inspector flags it.
Why the address is never enough
A mailing address can change, can be reused, and does not state boundaries. A legal description fixes the parcel permanently. The exam frequently offers a tempting wrong answer that says a street address or a tax-map number is a sufficient legal description for a deed - it is not. Always choose metes and bounds, government survey, or lot and block as the legally sufficient method.