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 always returns to its point of beginning (POB) and uses distances and compass bearings.
- In the rectangular survey system a township is 6 miles square (36 square miles) and contains 36 sections; each section is 1 square mile = 640 acres.
- Section 16 was traditionally reserved for school support; sections are numbered in a boustrophedonic (back-and-forth) pattern.
- One acre = 43,560 square feet; a benchmark and datum establish vertical (elevation) measurements for condominiums and air lots.
Three Ways to Describe Land
A valid legal description identifies a parcel so precisely that a surveyor could locate its exact boundaries. Street addresses and tax-parcel numbers are NOT legal descriptions. The three accepted systems are:
- Metes-and-bounds — distances (metes) and directions/boundaries (bounds).
- Rectangular (government) survey — townships, ranges, and sections.
- Lot-and-block (recorded plat / subdivision) — references a recorded subdivision map.
A description may combine methods (a metes-and-bounds tract within a sectionalized area), but each alone must close on itself.
Metes-and-Bounds
This oldest system starts at a well-marked point of beginning (POB) and traces the perimeter using distances and compass bearings (e.g., "N 45 degrees E, 200 feet") to monuments (natural or artificial markers). The description MUST return to the POB; if it does not close, it is defective.
Trap: a monument (an iron pin, oak tree, road) controls over a stated distance if the two conflict. Monuments are physical and presumed more reliable than a written measurement that may contain a typo.
Rectangular (Government) Survey System
The system uses principal meridians (north-south) and base lines (east-west) as reference axes. From these:
- Townships are formed by township lines (east-west) and range lines (north-south).
- A township is 6 miles by 6 miles = 36 square miles and contains 36 sections.
- A section is 1 mile by 1 mile = 1 square mile = 640 acres.
- Sections are numbered 1 to 36 in a back-and-forth (boustrophedonic) pattern, beginning in the northeast corner.
- Section 16 was historically set aside to fund public schools.
Correction lines and guide meridians adjust for the curvature of the earth, creating slightly irregular sections at township edges.
Acreage Math (Memorize 43,560 and 640)
Key constants: 1 acre = 43,560 sq ft; 1 section = 640 acres.
Worked example 1 — fraction of a section: "The NE 1/4 of the SW 1/4 of Section 8." Multiply the fractions: 1/4 x 1/4 = 1/16. Then 640 acres / 16 = 40 acres.
Worked example 2 — three nested fractions: "The S 1/2 of the NW 1/4 of the SE 1/4." Multiply denominators: 2 x 4 x 4 = 32. Then 640 / 32 = 20 acres.
Worked example 3 — square footage: A lot is 150 ft by 290.4 ft. Area = 150 x 290.4 = 43,560 sq ft = exactly 1 acre. Always read fraction-of-section problems right to left, multiply the fractions, then divide 640 by the product.
Vertical Measurement: Datum and Benchmark
Describing condominiums, air rights, and subsurface lots requires elevation, not just a flat footprint.
- A datum is a defined point of elevation (the U.S. Geological Survey datum is mean sea level) used as the zero reference.
- A benchmark is a permanent marker (a brass disk) whose elevation relative to the datum is known; surveyors measure up or down from it.
An air lot is a parcel of airspace described by horizontal boundaries plus upper and lower elevation limits referenced to a datum — essential for condominium units stacked vertically.
Lot-and-Block and Combined Descriptions
The lot-and-block system (also called the recorded-plat or subdivision system) is the most common method for describing platted urban and suburban property. A developer records a subdivision plat map with the county, dividing the land into numbered lots within numbered blocks and showing streets, easements, and dimensions. A parcel is then described simply as, for example, "Lot 7, Block C, of Sunny Acres Subdivision, as recorded in Plat Book 12, Page 45, of the County Records."
The plat reference incorporates all the survey detail by reference, which makes lot-and-block both precise and concise. It is only available after a plat is recorded, so raw acreage is often described by metes-and-bounds or rectangular survey until it is subdivided.
Many legal descriptions combine systems. A large rural tract may be described by rectangular survey to locate the section, then by metes-and-bounds to carve out an irregular parcel within it. Whatever the method, the description must close — trace a complete, unambiguous boundary — and must be precise enough that a surveyor could stake the exact lines.
Worked Acreage and Frontage Problems
Expect at least one fraction-of-section and one area problem. Work them mechanically.
Worked example 1 — multi-fraction acreage: "The NE 1/4 of the SE 1/4 of the SW 1/4 of Section 14." Multiply the denominators: 4 x 4 x 4 = 64. A section is 640 acres, so 640 / 64 = 10 acres. Reading right to left does not change the math; you always multiply the fractions and divide 640 by the product.
Worked example 2 — value per acre from a section fraction: A buyer pays $96,000 for the S 1/2 of the NW 1/4 of a section. Acres = 640 x (1/2 x 1/4) = 640 x 1/8 = 80 acres. Price per acre = $96,000 / 80 = $1,200 per acre.
Worked example 3 — converting square feet to acres: A rectangular parcel is 200 ft by 871.2 ft. Area = 200 x 871.2 = 174,240 sq ft. Acres = 174,240 / 43,560 = 4 acres. Memorizing 43,560 sq ft per acre and 640 acres per section lets you solve nearly every legal-description math item on the test.
Lot-and-Block and Combined Descriptions
The lot-and-block system (also called the recorded-plat or subdivision system) is the most common method for describing platted urban and suburban property. A developer records a subdivision plat map with the county, dividing the land into numbered lots within numbered blocks and showing streets, easements, and dimensions. A parcel is then described simply as, for example, "Lot 7, Block C, of Sunny Acres Subdivision, as recorded in Plat Book 12, Page 45, of the County Records."
The plat reference incorporates all the survey detail by reference, which makes lot-and-block both precise and concise. It is only available after a plat is recorded, so raw acreage is often described by metes-and-bounds or rectangular survey until it is subdivided.
Many legal descriptions combine systems. A large rural tract may be described by rectangular survey to locate the section, then by metes-and-bounds to carve out an irregular parcel within it. Whatever the method, the description must close — trace a complete, unambiguous boundary — and must be precise enough that a surveyor could stake the exact lines.
Worked Acreage and Frontage Problems
Expect at least one fraction-of-section and one area problem. Work them mechanically.
Worked example 1 — multi-fraction acreage: "The NE 1/4 of the SE 1/4 of the SW 1/4 of Section 14." Multiply the denominators: 4 x 4 x 4 = 64. A section is 640 acres, so 640 / 64 = 10 acres. Reading right to left does not change the math; you always multiply the fractions and divide 640 by the product.
Worked example 2 — value per acre from a section fraction: A buyer pays $96,000 for the S 1/2 of the NW 1/4 of a section. Acres = 640 x (1/2 x 1/4) = 640 x 1/8 = 80 acres. Price per acre = $96,000 / 80 = $1,200 per acre.
Worked example 3 — converting square feet to acres: A rectangular parcel is 200 ft by 871.2 ft. Area = 200 x 871.2 = 174,240 sq ft. Acres = 174,240 / 43,560 = 4 acres. Memorizing 43,560 sq ft per acre and 640 acres per section lets you solve nearly every legal-description math item on the test.
A parcel is described as "the NW 1/4 of the NE 1/4 of Section 22." How many acres does the parcel contain?
In a metes-and-bounds description, a recited distance of 200 feet to an iron pin conflicts with the actual surveyed location of that pin. Which controls?