1.3 Legal Descriptions and Surveys

Three Legal Description Systems

A street address is not a legal description. The exam recognizes three valid systems:

Metes and Bounds

A metes-and-bounds description starts at a Point of Beginning (POB), traces each boundary by direction and distance, and must close back at the POB. If it does not return to the POB, the description is defective. Monuments (a creek, an iron pin) once dominated; modern descriptions favor measured bearings because monuments can move or disappear.

Rectangular (Government) Survey Math

This system is the most heavily tested for calculations. Memorize these constants:

• A township is 6 miles by 6 miles = 36 square miles = 36 sections.
• A section is 1 mile by 1 mile = 1 square mile = 640 acres.
• Sections within a township are numbered 1–36 in a boustrophedonic (back-and-forth) 'S' pattern, starting with Section 1 in the northeast corner.
• 1 acre = 43,560 square feet.

Worked acreage problem

Description: 'The NW 1/4 of the SE 1/4 of Section 14.'

Method — multiply the denominators, then divide 640:

1. Multiply denominators: 4 × 4 = 16.
2. Divide a section's 640 acres by 16: 640 ÷ 16 = 40 acres.

Second example: 'The S 1/2 of the NE 1/4 of the SW 1/4' — denominators 2 × 4 × 4 = 32; 640 ÷ 32 = 20 acres.

Trap: Read the calls right to left (the last fraction is the biggest chunk). 'NW 1/4 of the SE 1/4' means first find the SE quarter (160 acres), then the NW quarter of that (40 acres). The shortcut of multiplying denominators and dividing into 640 gives the same answer faster.

Datum, Benchmarks, and Air/Subsurface Rights

Elevation needs a vertical reference. A datum is an established point of reference (the U.S. Geological Survey uses mean sea level). Benchmarks are permanent reference markers tied to the datum. Datums make it possible to describe air rights (e.g., a condominium unit on the 14th floor) and subsurface rights (mineral, parking) in three dimensions, not just on the flat plane.

Reading Quarter-Section Calls and Township Grids

The rectangular survey rewards a disciplined reading method. Always parse the description right to left, because the last-named fraction is the largest piece and each earlier fraction subdivides it.

Worked multi-step acreage problem

Description: "The E 1/2 of the NW 1/4 of the SE 1/4 of Section 9."

1. Multiply all denominators: 2 x 4 x 4 = 32.
2. Divide 640 by 32: 640 / 32 = 20 acres.

To locate it on the ground, start with the SE 1/4 (160 acres), take the NW 1/4 of that (40 acres), then the E 1/2 of that (20 acres). The denominator shortcut and the right-to-left tracing always agree.

Townships, ranges, and the correction problem

Townships are located by township lines (running east-west, measured north or south of a base line) and range lines (running north-south, measured east or west of a principal meridian). Because the earth curves, range lines converge as they run north; surveyors insert correction lines and guide meridians so sections stay close to 640 acres. The exam may note that sections along the north and west edges of a township absorb the discrepancy and can be slightly under 640 acres (government lots).

When New Hampshire uses metes-and-bounds

New Hampshire, like the other original-colony and New England states, was never surveyed under the federal rectangular system. NH deeds therefore rely on metes-and-bounds descriptions and lot-and-block references to recorded subdivision plats at the county registry of deeds. Expect the National portion to test the rectangular-survey math, but recognize that on New Hampshire ground the operative descriptions trace boundaries from a point of beginning by bearings and distances, frequently tied to recorded plat references and monuments.

Why a Correct Legal Description Matters at Closing

A defective or ambiguous legal description can cloud title and stall a closing, which is why the exam insists on the formal systems rather than a mailing address. A street address can change, be duplicated, or be reassigned, so it is never a sufficient legal description for a deed. A metes-and-bounds description must trace the perimeter and close back at the point of beginning; if it fails to close, the description is defective and title insurers will object.

A lot-and-block reference is only as good as the recorded plat it points to, so the plat must be properly recorded at the county registry of deeds. When two descriptions in a chain of title conflict, surveyors and courts favor monuments and recorded plats over mere distance calls, because physical references and recorded documents are harder to transcribe incorrectly.

For New Hampshire transactions, the operative descriptions are metes-and-bounds and recorded plat references, and a careful licensee confirms that the description in the purchase agreement matches the recorded deed before closing rather than relying on the parcel's everyday address.