Wednesday, December 29, 2010

RE: Legal Property Descriptions

A proper description of real estate is essential for legal documents relating to real estate.

A LEGALLY SUFFICIENT description is one that would: Allow a competent surveyor to define the exact boundaries of the property. An address is insufficient.

Three methods are typically used to legally describle real estate
- Metes & Bounds Descriptions
- Rectangular survey system
- Recorded plat system

METES & BOUNDS DESCRIPTION
Property is described by starting at a designated place on the parcel - the Point of Beginning (POB). It proceeds around the property's boundaries following the description given. The description MUST always end at the POB.


METES: Distances used in the description
BOUNDS: Directions of the boundaries that enclose the land
MONUMENTS: Identifying landmarks

RECTANGULAR SURVEY SYSTEM
Created after the revolutionary war. System is based on two sets of intersecting lines
Principal Meridians run North & South
Base Lines run East & West

Each principal meridian is its own base line
- Both principal meridians and base lines are located by reference to degrees of longitude and latitude

- Each area is assigned to a particular meridian and base line.

Township lines are SIX miles apart - running EAST & WEST
- Define strips of land called township tiers
- Township tiers are designated by consecutive numbers north or south of base line

Range Lines are SIX miles apart running NORTH & SOUTH
- Define strips of land called ranges which are designated by consecutive numbers east and west of the principal meridian

Township Squares: Are 36 SQ Mile squares formed by intersections of the township lines and range lines.

Sections - Each township square is divided up into 36 sq mile sections

Subdivision of a section - Each section is divided into halves (320 acres) and quarters (160 acres)
- In turn, each of these parts is further divided into halves and quarters. Each is defined in relation to its position in the section.

1 Section = 1 SQ Mile
1 SQ mile = 640 Acres
43,560 SF = 1 Acre
66'x 660' = 43,560 SQ Ft

One Chain = 66 Feet
One rod = 4 Chains = 264 Feet
One furlong = 660 Feet = 10 Chains
One Acre = 1 Chain x 10 Chains = 66 Feet x 660 Feet = 43,560 SQ Feet

Correction Lines:
The curvature of Earth means that range lines are not strictly parallel. Few townships are exactly six miles square.

To adjust for this, every FIFTH township line (both north and south of the base line) are termed CORRECTION LINES

On each correction line, the range lines are measured to the full distance of six miles apart. Thus the correction lines are exactly 30 miles apart from each other at each point in line.

Similarly every FIFTH range line is a guide meridian. Thus the guide meridians are exactly 30 miles apart from each other.

30 Mile square area bounded by two guide meridians and two correction lines is called a GOVERNMENT CHECK

RECORDED PLAT SYSTEM
Under recorded plat system a subdivision plat is prepared by a licensed surveyor or engineer

The plat divides the land into numbered or lettered lots and blocks.

Other characteristics of the area are outlined in the platting documents - eg streets, easements etc

Legal description then refers to the plat records:
LOT & BLOCK NUMBER
NAME or NUMBER of subdivision plat
Name of county & state

MEASURING ELEVATIONS
Elevations can also be part of legal property descriptions.
DATUM is a point line or surface from which elevations are measured or indicated

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