1.3 Legal Descriptions and Surveys
Key Takeaways
- The three accepted legal description methods are metes-and-bounds, rectangular (government) survey, and lot-and-block (recorded plat).
- A metes-and-bounds description must start and return to the same point of beginning (POB) to enclose the parcel.
- In the rectangular survey system, a section is 1 mile square = 640 acres, and a township is 6 miles square = 36 sections.
- One acre = 43,560 square feet; memorize this to solve area and fractional-section problems.
- A datum and benchmark establish elevation for air lots and subsurface rights; a street address is NOT a legal description.
Three Methods of Legal Description
A legal description identifies a parcel precisely enough that a surveyor can locate its exact boundaries. A street address is NOT a legal description — that is a common exam trap. The three accepted methods are:
| Method | Best for | Key feature |
|---|---|---|
| Metes and bounds | Irregular parcels | Distances (metes) and directions/boundaries (bounds) from a point of beginning |
| Rectangular (government) survey | Large rural tracts | Grid of meridians and base lines; sections and townships |
| Lot and block (recorded plat) | Subdivisions | References a recorded subdivision plat map |
Metes and Bounds
This method describes a parcel by starting at a point of beginning (POB), then tracing each boundary by direction and distance, and returning to the POB. If the description does not close back to the POB, the parcel is not properly enclosed. Monuments (a stake, a tree, a road) may mark corners. Metes are measured distances; bounds are the directions or boundary references.
The Rectangular (Government) Survey System
This system overlays a grid using principal meridians (running north-south) and base lines (running east-west). The grid creates townships, which are divided into sections. Memorize these conversions cold:
- 1 township = 6 miles by 6 miles = 36 square miles = 36 sections
- 1 section = 1 mile by 1 mile = 1 square mile = 640 acres
- 1 acre = 43,560 square feet
- Sections within a township are numbered 1–36, starting in the northeast corner, snaking west, then dropping a row and reversing (a boustrophedon pattern).
Fractional Sections
Descriptions read from the smallest fraction outward, e.g., "the NE¼ of the SW¼ of Section 10." To find the acreage, multiply the fractions and apply to 640 acres:
- NE¼ of SW¼ = ¼ × ¼ = 1/16 of a section
- 1/16 × 640 = 40 acres
Worked Example: Multi-Fraction Acreage and Price
Description: "The S½ of the NW¼ of the SE¼ of Section 14."
Step 1 — Multiply the fractions: ½ × ¼ × ¼ = 1/32.
Step 2 — Apply to 640 acres: 1/32 × 640 = 20 acres.
Step 3 — Convert to square feet (if asked): 20 × 43,560 = 871,200 sq ft.
Step 4 — Price problem: at $3,500 per acre, total price = 20 × $3,500 = $70,000.
Speed tip: Multiply the denominators (2 × 4 × 4 = 32), then divide 640 by that product (640 ÷ 32 = 20). This is faster than chaining fractions and avoids arithmetic slips under time pressure.
A parcel is described as the 'NW¼ of the NE¼ of Section 8.' How many acres does it contain?
Lot and Block, and Vertical Descriptions
Lot and Block (Recorded Plat)
When a developer subdivides land, a surveyor records a plat map showing numbered lots and blocks. Each parcel is then described simply as, for example, "Lot 7, Block 3, of the Sunset Hills Subdivision, as recorded in Plat Book 12, Page 45, of the county records." This is the most common method for residential subdivisions because the recorded plat carries all the detailed survey data.
Datum, Benchmark, and Air Lots
For elevation — needed for condominiums, air rights, and subsurface rights — surveyors use a datum (an established reference plane, such as mean sea level) and benchmarks (permanent reference markers showing elevation relative to the datum). An air lot describes a three-dimensional volume above a parcel; condominium units are often described as air lots referencing a datum.
| Term | Function |
|---|---|
| Datum | Reference plane for measuring elevation |
| Benchmark | Permanent monument marking a known elevation |
| Air lot | 3-D parcel of space above the surface |
Trap: A legal description establishes horizontal boundaries; to define a condominium unit's vertical extent you also need elevation references (datum/benchmark).
Which of the following is NOT an acceptable legal description of real property?
Comparing the Three Description Systems
The exam tests when each legal-description method is used and how it reads:
| System | How it works | Typical use |
|---|---|---|
| Metes and bounds | Directions (bearings) and distances from a fixed point of beginning, closing back to start | Irregular parcels; original East Coast states |
| Rectangular (government) survey | Townships, ranges, and sections tied to principal meridians and base lines | Most western states, including Utah |
| Lot and block (recorded plat) | References a recorded subdivision map by lot, block, and subdivision name | Modern subdivisions |
A metes-and-bounds description must return to the point of beginning or it does not legally close. The rectangular survey divides land into 6-mile-square townships, each containing 36 sections of roughly 640 acres each. Lot and block is the simplest and is what most residential Utah deeds use today.
Worked Example: Sizing a Section Fraction
A section contains 640 acres. A description reads: the NW 1/4 of the SE 1/4 of Section 14.
- Work the fractions left to right and multiply: 1/4 x 1/4 = 1/16.
- Acreage = 640 x 1/16 = 40 acres.
If instead the description were the S 1/2 of the NW 1/4, that is 1/2 x 1/4 = 1/8, or 640 / 8 = 80 acres. The exam reliably asks you to multiply the fractions and then multiply by 640. A faster check: count the denominators - two quarter calls (1/4 x 1/4) always yield 40 acres, the standard quarter-quarter parcel. Always read the description from the last call backward when locating it on a map, but multiply the fractions in any order since multiplication is commutative.