Legal Descriptions and Surveys
A legal description uniquely identifies a parcel of land. Street addresses can change, but legal descriptions do not. Every deed must include a legal description.
Three Common Methods
1) Metes and Bounds
Metes and bounds use distances and directions from a starting point called the point of beginning (POB). This method is common in older or irregular parcels.
- Metes are distances.
- Bounds are directions or landmarks.
A typical description might say, "Beginning at the oak tree, thence 200 feet north, thence 150 feet east..." The description must return to the point of beginning to close the parcel.
2) Lot and Block (Recorded Plat)
This method references a subdivision map (plat). The description lists the lot and block number and the subdivision name.
- Common in planned subdivisions.
- Easy to read and verify in public records.
- Based on a recorded survey map.
3) Rectangular (Government) Survey
The rectangular survey uses principal meridians and base lines to divide land into townships and sections.
- A township is 6 miles by 6 miles.
- A township is divided into 36 sections.
- Each section is 1 mile by 1 mile (640 acres).
Example: The NE 1/4 of Section 10 is 160 acres (640 acres divided by 4).
Table: Legal Description Methods
| Method | Key Identifiers | Typical Use |
|---|---|---|
| Metes and bounds | POB, bearings, distances | Irregular parcels, older areas |
| Lot and block | Lot, block, and plat map | Subdivisions, planned developments |
| Rectangular survey | Township, range, section | Rural land and western states |
Quick Math Reminders
- 1 section = 640 acres
- 1/2 section = 320 acres
- 1/4 section = 160 acres
- 1/16 section = 40 acres
Surveys and Why They Matter
Surveys show boundaries, dimensions, easements, encroachments, and improvements. They also identify setbacks and building lines.
Common survey terms include:
- Monuments - Physical markers that define boundaries.
- Benchmarks - Permanent markers used for elevation.
- Setbacks - Minimum distances from property lines required by zoning.
Surveys are often required for mortgages and can uncover problems like fences or driveways that cross property lines.
Encroachments and Boundary Issues
An encroachment occurs when a structure extends onto a neighbor's land. Even minor encroachments can cause title or financing issues.
If a survey reveals an encroachment, it may require:
- A boundary agreement
- An easement
- Removal of the encroaching structure
Exam Application
If a legal description uses township, range, and section, it is the rectangular survey system. If it uses a POB and compass directions, it is metes and bounds. If it references a subdivision map, it is lot and block.
Exam Tip: A legal description must close. If it does not return to the point of beginning, it is invalid.
Reading a Legal Description
When you see a legal description on the exam, focus on the format:
- Metes and bounds uses compass directions and distances.
- Lot and block uses subdivision names with lot and block numbers.
- Rectangular survey uses township, range, and section.
If the description mentions a POB and then a series of lines, it is metes and bounds. If it references a recorded plat, it is lot and block. If it uses township and range, it is the rectangular survey system.
Rectangular Survey Example
"The SE 1/4 of the NW 1/4 of Section 12" means:
- A section is 640 acres.
- The NW 1/4 is 160 acres.
- The SE 1/4 of that is 40 acres.
This breakdown is a common exam calculation.
Survey Types in Transactions
Different surveys show different levels of detail:
- Boundary survey - Shows property lines and major improvements.
- Mortgage survey - Confirms basic boundaries for lender requirements.
- Detailed survey - Shows easements, encroachments, setbacks, and utilities.
If a survey reveals an encroachment, the buyer may ask for a correction, an easement, or a price adjustment.
Title and Survey Connection
A title commitment often includes survey exceptions. If the buyer provides a survey, some exceptions may be removed because the survey confirms no encroachments or boundary issues.
Exam Application Check
If the question asks which description is most common in subdivisions, choose lot and block. If it asks which method handles irregular parcels, choose metes and bounds. If it asks which system uses principal meridians, choose rectangular survey.
When to Recommend a Survey
Surveys are most important when the buyer wants to confirm boundaries, locate easements, or verify that improvements do not cross property lines. Common triggers include:
- Rural property with unclear boundaries
- Properties with shared driveways or fences
- Additions built close to lot lines
Practical Example
If a property has a detached garage near the fence line, a survey can confirm whether the structure is within the boundary or encroaching. If an encroachment exists, the buyer may request a correction, an easement, or a price adjustment.
Exam Application Check
- A question about confirming boundaries points to a survey.
- A question about a map recorded with the county points to a plat.
Common Boundary Red Flags
Watch for clues that a survey is needed:
- Fences, driveways, or sheds near lot lines
- Multiple access points or shared driveways
- Irregular lot shapes that are hard to visualize
Exam Application Check
If a question asks which description is used in a deed, the answer is the legal description, not the street address.
Which legal description method uses a recorded subdivision map with lot and block numbers?
A section in the rectangular survey system contains how many acres?
A legal description that starts at a point of beginning and uses distances and directions is:
What is the main purpose of a survey?
1.4 Land Use Controls and Encumbrances
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