8.3 Legal Description Types & Ambiguity Resolution

Legal Descriptions and the Mississippi Statute of Frauds

A legal description is the formal textual delineation of real property in a deed, lease, mortgage, or easement that distinguishes that specific parcel of land from all other parcels on the surface of the earth. In Mississippi, conveyances of real property are governed by the Mississippi Statute of Frauds, codified in Miss. Code Ann. § 15-3-1(c), which provides that no action may be maintained upon any contract for the sale of lands, tenements, or hereditaments unless the promise or agreement is in writing and signed by the party to be charged.

From this statutory requirement springs the fundamental rule of Mississippi conveyancing law: a deed must contain a legal description that identifies the land with reasonable certainty, or it must contain within its four corners the reference, key, or data by which the land may be identified and located on the ground by a competent surveyor. If a description fails to provide this certainty, the deed passes no title and is legally void.

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The Four Primary Types of Legal Descriptions

In Mississippi land surveying practice, legal descriptions generally fall into four distinct categories:

                      PRIMARY LEGAL DESCRIPTION TYPES
                                     |
         +-----------------+---------+---------+-----------------+
         |                 |                   |                 | 
         v                 v                   v                 v 
   METES & BOUNDS     PLSS ALIQUOT        RECORDED PLAT       STRIP / EASEMENT
   - POB & POC        - Rectangular grid  - Lot, Block, Sub.  - Centerline call
   - Perimeter calls  - Sections & Lots   - Plat Book & Page  - Width offset
   - Bearing/distance - Aliquot quarters  - Incorporates plat - Utility/roadway

1. Metes and Bounds Descriptions

"Metes" refers to measurements (distances and angles/bearings), while "bounds" refers to boundary monuments and adjoining properties. A metes-and-bounds description traces the perimeter of the tract in continuous sequence, returning to the starting point to form a mathematically closed polygon.

• Point of Commencement (POC): An established, permanent monument of record (such as an original GLO section corner, quarter-section corner, or street centerline monument) used as an initial reference tie.
• Point of Beginning (POB): The true starting point of the boundary being conveyed. The description runs from the POC along one or more reference courses to the POB.
• Sequential Perimeter Calls: Each boundary segment is described by a direction (bearing) and a distance, along with any natural, artificial, or adjoiner monuments (e.g., "thence North 01°30' East 350.00 feet to an iron pin on the south right-of-way line of County Road 12").
• Closure Call: The final call must return to the Point of Beginning (e.g., "thence South 88°30' West 200.00 feet to the Point of Beginning"). The description should close mathematically; the survey behind it must meet the Chapter 7 closure for its class.

2. PLSS Rectangular (Aliquot Part) Descriptions

Nearly all of Mississippi is covered by the Public Land Survey System (PLSS); confirmed colonial private claims are the main exception (Section 5.3). Descriptions based on the rectangular system describe land by reference to its aliquot division within a specific Section, Township, Range, and Principal Meridian:

• Example: "The Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 14, Township 5 North, Range 2 East, Choctaw Meridian, Rankin County, Mississippi, containing 40 acres, more or less."
• Government Lots: In fractional sections along the north and west township exteriors or abutting meandered rivers and lakes, land is designated as numbered Government Lots (e.g., "Government Lot 3 of Section 6").
• Fractional Aliquot Parts: A description calling for "the North 20 acres of the Northwest Quarter of the Northwest Quarter" is a valid aliquot fractional description. It is generally surveyed by establishing a line parallel to the northern boundary of the quarter-quarter section at a distance sufficient to encompass exactly 20.00 acres.

3. Recorded Subdivision Plat Descriptions

When a tract of land is subdivided into lots and streets pursuant to a formal plat approved by local governing authorities and recorded in the office of the chancery clerk (§§ 19-27-21 to -31), individual parcels are conveyed by recorded lot reference:

• Example: "Lot 14, Block B, Oak Grove Subdivision, Part 2, according to the official map or plat thereof recorded in Plat Book 12 at Page 45 of the records of the Chancery Clerk of Madison County, Mississippi."
• Incorporation by Reference: In Mississippi law, a recorded plat description incorporates the entire plat into the deed as if the plat were drafted directly onto the deed itself. All building setback lines, utility easements, street rights-of-way, and boundary notes depicted on the recorded plat become binding encumbrances upon the conveyed lot.

4. Strip Descriptions (Centerline Descriptions)

Strip descriptions are universally used for rights-of-way and linear easements, including electric power transmission lines, natural gas pipelines, public roads, and drainage canals:

• The description delineates a continuous centerline by courses, distances, and curve data, accompanied by a specified width extending on each side of that centerline.
• Example: "A strip of land 50 feet in width, being 25 feet on each side of the following described centerline: Commencing at the Northwest corner of Section 20; thence South 00°15' West 1,200.00 feet to the POINT OF BEGINNING of said centerline; thence South 45°00' East 850.00 feet..."
• Strip descriptions require that the sidelines of the easement be projected or shortened at the property boundaries so as to terminate in the ownership lines of the grantor.

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Ambiguity Resolution: Patent Ambiguity vs. Latent Ambiguity

The most heavily tested boundary law topic on the Mississippi surveying examination is the critical legal distinction between a Patent Ambiguity and a Latent Ambiguity in deed interpretation.

                         AMBIGUITY IN DEED DESCRIPTIONS
                                       |
         +-----------------------------+-----------------------------+
         |                                                           | 
         v                                                           v 
   PATENT AMBIGUITY                                            LATENT AMBIGUITY
   - Evident on the FACE of the deed                           - Clear and definite on the FACE of the deed
   - Unintelligible text, floating location                    - Uncertainty appears ONLY when applied to the ground
   - Fails Mississippi Statute of Frauds                       - E.g., Two monuments fit the same description
   - PAROL EVIDENCE IS STRICTLY INADMISSIBLE                   - PAROL / EXTRINSIC EVIDENCE IS ADMISSIBLE
   - DEED IS VOID FOR UNCERTAINTY                              - DEED IS VALID; ambiguity is judicially cured

Patent Ambiguity: The Death of a Conveyance

A Patent Ambiguity is an ambiguity that is obvious and apparent on the face of the instrument itself. It arises when the language of the description is so vague, contradictory, or defective that no specific parcel of land can be identified without inventing new contract terms.

The Mississippi Rule on Patent Ambiguities

Under the traditional rule applied by Mississippi courts:

1. Parol (extrinsic) evidence is STRICTLY INADMISSIBLE to explain, cure, or supply the description in a patently ambiguous deed.
2. The deed is completely VOID FOR UNCERTAINTY under the Mississippi Statute of Frauds.

Classic Examples of Patent Ambiguity

• Indefinite Quantity Calls: A deed conveying "10 acres in Section 15, Township 4 North, Range 3 East." The description names a section (640 acres), but fails to state where the 10 acres lie, what shape they take, or what boundaries enclose them. Because no starting point or boundaries are provided, the deed is patently ambiguous and void.
• Unidentifiable Part of a Lot: "A part of Lot 4, Block 2, Town of Canton." The deed provides no clue as to which part of Lot 4 is intended. Parol testimony from the grantor stating what they intended to sell cannot be heard.
• Floating POB: A metes-and-bounds description that begins "at a point 500 feet from Highway 49" without specifying a direction, reference corner, or bearing. Because the point could lie anywhere along a 500-foot radius arc, the POB floats and the deed is patently void.

Latent Ambiguity: Resolvable Through Extrinsic Evidence

A Latent Ambiguity occurs where the deed description is completely clear, unambiguous, and intelligible on its face, but when a surveyor attempts to apply the description to the physical ground, an unforeseen ambiguity or conflict is revealed.

The Mississippi Rule on Latent Ambiguities

Where a latent ambiguity exists:

1. Extrinsic and parol evidence IS FULLY ADMISSIBLE to explain the ambiguity, reveal the physical conditions existing at the time of the conveyance, and ascertain the true intent of the parties.
2. The deed is NOT void. The court will hear testimony from the surveyor, adjoining owners, and historical witnesses, examine ancient boundary physical evidence, and enforce the grant according to the parties' true intention.

Classic Examples of Latent Ambiguity

• Multiple Conflicting Monuments: A deed calls to run "thence East 400.00 feet to a 30-inch white oak tree at the corner of the Jones pasture." On paper, this call is flawless. When the surveyor arrives on the ground, the surveyor discovers two 30-inch white oak trees standing 45 feet apart near the Jones pasture. Parol evidence (e.g., historical witness marks, old fence staples, testimony of previous surveyors) is admissible to determine which white oak tree was intended.
• Ambiguous Road Names: A deed calls to run "along the centerline of Old Mill Road." On the ground, the surveyor finds that two separate roads in the township are historically known as "Old Mill Road." Parol evidence is admissible to show which road the parties used and intended.
• Mistaken County / Meridian Name: A deed conveys the "NW 1/4 of Section 12, T5N, R2E, Choctaw County, Mississippi." In reality, T5N, R2E of the Choctaw Meridian lies near Jackson, largely in Rankin County, not in Choctaw County. Because the section, township, range, and meridian uniquely identify the parcel, extrinsic evidence is admissible to correct the clerical error in the county name.

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Canons of Deed Construction in Mississippi

When interpreting ambiguous or poorly drafted deeds, Mississippi courts apply established canons of construction:

1. Construction Against the Grantor (Contra Proferentem): Because the grantor selects the words and executes the instrument, any remaining ambiguity in a deed that cannot be resolved through extrinsic evidence will be construed most strongly against the grantor and in favor of the grantee. This ensures that the grantor cannot take advantage of an ambiguity they created.
2. Specific Description Prevails Over General Description: Where a deed contains both a general descriptive recital (e.g., "being the home place of the late John Doe") and a specific, detailed metes-and-bounds description, the specific metes-and-bounds description governs, unless the whole instrument shows that the general recital was intended to control.
3. Repugnant Clauses Reconciled: If two clauses in a deed are irreconcilably contradictory, the granting clause generally controls over subsequent recitals or habendum clauses under traditional property-law rules.
4. Rejection of False Descriptions (Falsa Demonstratio Non Nocet): If a description contains sufficient true calls to identify the property with certainty, false or mistaken additional details will be disregarded and rejected by the court.

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Practical Surveying Applications & Examination Traps

• Attempting to "Fix" a Patent Ambiguity: A surveyor hired to survey "10 acres in Section 10" decides to carve out a 10-acre square in the northeast corner of the section because it seems reasonable. This is illegal. In Mississippi, a surveyor cannot fabricate a description to cure a patent ambiguity. The deed is void under the Statute of Frauds; title can only be corrected through a reformation suit in Chancery Court or a newly executed corrective deed from the grantor.
• Confusing Latent and Patent Ambiguities: On exam questions, candidates frequently see a call for an oak tree where two oaks are found and assume the deed is void. This is a latent ambiguity, which never voids the deed. Extrinsic evidence from field testimony, tree blazes, or historical plats is fully admissible to identify the correct tree.
• The Incomplete Metes and Bounds: A metes-and-bounds description with three calls that fails to close back to the Point of Beginning. If the deed fails to provide the closing course, but calls for an adjoiner along the missing side, the court may supply the closing course to save the deed; but if the gap is total and undefined, it constitutes a patent defect.

Mississippi-specific description rules

• Surveyor-prepared descriptions (Rule 7.3, item 13): when the client requires a description, it should list the commencing point, point of beginning, course bearings and distances, the corner monuments, witness corners with their offsets, and the basis of bearings. If State Plane Coordinates are part of it, the item-18 coordinate information must be included.
• Coordinates are allowed but tied down (§§ 89-6-13, 89-6-19): a location given in the Mississippi Coordinate System is a complete, legal description if the connection meets chapter 89-6 and the Board's standards of practice. A recorded real-property description using coordinates must still be tied to the existing land system. Metes-and-bounds and lot-and-block descriptions remain permitted.
• Name the meridian: because township and range numbers repeat across Mississippi's five survey districts, an aliquot description should always state the principal meridian and county (Section 5.1).