Chapter 10 (Legal Descriptions)

Question 1

Legal Description

Answer 1

A series of boundary lines on the earth’s surface to identify the boundaries of a land parcel.

The primary purpose of a legal description is to describe a particular piece of property in a way that uniquely identifies that parcel from any other parcel.

Question 2

Survey

Answer 2

A drawing of a parcel of land that shows the boundary lines, including a legal description of the property.

Question 3

There are five additional purposes of surveying property and developing legal descriptions for each parcel:

Answer 3

1. Obtain current and accurate boundary information required to write a legal description.
2. Establish the exact quantity of area within a described tract, whether described in square miles, acres, or square feet.
3. Reestablish boundaries that may have become lost or obliterated.
4. Obtain data required to divide a large tract into smaller units for development and sale.
5. Identify and describe encroachments, if any.

Question 4

Patent

Answer 4

A certificate issued by the federal or a state government that transfers land to a private individual.

Question 5

metes-and-bounds description

Answer 5

The most accurate method of land description that is used to describe both regular and irregular shaped parcels.

The metes-and-bounds description is the oldest type of survey method. Today, surveyors use computer software and laser equipment to create the most accurate surveys possible.

The metes-and-bounds method is used for both regular and irregular shaped parcels. Metes refers to distance and bounds refers to direction.

The direction of a boundary line is expressed using compass directions. Distances are measured in feet, usually to the nearest one-hundredth of a foot.

Plotting a metes-and-bounds description is not as difficult as it might appear. The POB and all turning points (corners of the parcel) should be regarded as being the exact center of a circle.

Question 6

point of beginning (POB)

Answer 6

The starting reference point in the metes-and-bounds method of legal description.

Metes-and-bounds descriptions will always begin with either north or south followed by a certain number of degrees, up to a maximum of 90 degrees.

The direction that follows the number of degrees indicates whether the direction is east or west of due north or south.

Question 7

monument

Answer 7

A fixed object (marker) used to identify the point of beginning (POB) and the corners of a parcel.

Question 8

FYI

To be more accurate, directions are actually given in degrees, minutes, and seconds.

Answer 8

Minutes and seconds are more precise measurements smaller than one degree. Each degree is divided into 60 minutes. Therefore, halfway between 1 degree and 2 degrees is 1 degree, 30 minutes. Each minute is then divided into 60 seconds.

The symbols for degrees (°), minutes (‘), and seconds (“) are used so that, for example, 15 degrees 25 minutes 20 seconds would be written as 15°25’20”.

Question 9

government survey system (GSS)

Answer 9

A method of legal description used in Florida and other states except the original 13 states and Kentucky, West Virginia, Tennessee, and Texas.

The GSS is based on intersecting lines.

Question 10

principal meridian

Answer 10

Imaginary lines running north and south that are used as reference lines in the government survey system.

Question 11

base line

Answer 11

Imaginary lines running east and west that are used as reference lines in the government survey system.

Question 12

FYI

The Tallahassee principal meridian and base line are the reference lines that govern surveys in Florida.

Answer 12

The Tallahassee principal meridian was established in the early 1800s, and it intersects with the base line in the city of Tallahassee, Florida

Question 13

Range

Answer 13

A six-mile-wide vertical (north/south) strip enclosed between two range lines.

Each range is numbered beginning at the PM. The first vertical (north/south) strip of land to the east of the PM is numbered Range 1 East or more concisely, R1E (refer to the shaded column labeled R1E below).

The range numbers increase by one moving farther from the PM. For example, the next range east of the PM is R2E, then R3E, and so on.

The numbering also begins with 1 to the west of the PM. The first range west of the PM is R1W, then R2W, and so on.

Question 14

Townships (36 sq. mi.)

Answer 14

The square formed by the intersection of two range lines and two township lines.

A township contains 36 square miles.

Each township is further divided into 36 sections.

Question 15

Sections

Answer 15

A one mile square in the Government Survey System of legal description.

Question 16

Subdividing Sections

Answer 16

Each section is theoretically a square, with all sides measuring one mile each and containing 640 acres within its boundaries.

It is important to remember the exact number of acres in a section because the 640 figure is used for many purposes.

One reason is that the section is the basic reference when writing a legal description of land.

It is also the reference when calculating acreage in subdivided tracts. Each section can easily be divided into halves, or into quarters, and so on, down into smaller divisions until the particular property one wants to locate or describe has been pinpointed.

Question 17

Calculating Size

To find the number of acres in a tract, two approaches are possible:

Answer 17

1. Take 640 (the number of acres in one section) and divide by the bottom number (the denominator) of each fraction in the legal description.

For example:

The SW¼, NE¼, SE¼, NW¼ of a certain section contains how many acres?

  640 ÷ 4 = 160; 160 ÷ 4 = 40; 40 ÷ 4 = 10; 10 ÷ 4 = 2.5;
  or 640 ÷ 4 ÷ 4 ÷ 4 ÷ 4 = 2.5 acres

2. Multiply the denominators of each fraction together and then divide 640 by the result.For example, the SW¼, NE¼, SE¼, NW¼ of a certain section contains how many acres?
   4 × 4 × 4 × 4 = 256
   640 ÷ 256 = 2.5 acres

Question 18

What will you do if you are required to find the total acreage of a tract with a legal description that contains the word and within the description?

For example:
SE¼ of the NW¼ and NE¼ of the SW¼

Answer 18

You should multiply the denominators as previously mentioned.

First, however, multiply only the denominators that immediately precede the and.

Next, multiply the denominators that follow the and.

Then, find the acreage for each. Finally, add the two answers to find the total acreage in the legal description.

Question 19

Description by Lot and Block Numbers

Answer 19

A method of legal description is used to identify lots within a recorded subdivision plat map.

Probably the most common type of legal description used for single-family dwellings located in developed subdivisions is the lot-and-block method of land description.

The lot-and-block method can be used only where plat maps have been recorded in the public records (also called plat method, description by recorded plat, or description by recorded map).

The platted subdivision is divided into large areas called blocks, and each block is subdivided into smaller areas called lots. The lots are usually numbered for convenience in identifying them.

If the lots are numbered, the blocks may be assigned letters to eliminate confusing block numbers with lot numbers.

For example, the shaded lot below is Lot 5, Block B of Glendale Estates Subdivision.

Question 20

plat map

Answer 20

A plat map is an engineer’s plan for land use superimposed on a map of the land in question.

The plat map shows the lot divisions and street locations, and it may provide for dedication of streets, parks, and school sites to the county or community. It shows actual dimensions for lots, streets, and other planned improvements.

The plat map must show the location of the fixed monuments established and placed in the ground and the survey data needed to locate each lot, block, and street with reference to the permanent monuments.

The entire tract is probably referenced to the government survey system.

The subdivision is given a name.

The plat map is recorded in the county courthouse under the subdivision name by book and page number.

This makes the plat map a part of the public records, and it makes any further legal description of the lots a simple matter.

Question 21

Tax Maps

Answer 21

Every parcel of land within a tax district is assessed for tax purposes.

To accomplish this task, each parcel is assigned a parcel ID (PID) number (or assessor’s parcel number) by the county property appraiser’s office.

The PID numbers are used to prepare tax maps.

They are scaled drawings based on recorded plat maps of all the parcels within a tax district showing the exact location of the property, dimensions, and the amount of the assessed value of each parcel.

The information is used each year to prepare the tax roll. PID numbers are sometimes used to identify a particular parcel.