Chapter 4 : Property Description Flashcards
LEGAL DESCRIPTION
Exact way of describing real estate in
* any contract to convey real property
* any deed
*mortgage
*court accepted document
*NOT street addresses unless "commonly
known as" is used
*should ALWAYS include name of county and
state
1) metes and bounds
2) Gov't Survey (not used in NC)
3) Reference to a Recorded Plat
4) Ref to a Publicly Recorded doc that
contains a legal descriptionInformal Description or Reference
Street address standing alone
Metes & Bounds
- earliest form of legal description
- primary method still used in 13 original colonies
- Shows boundaries of parcels where they meet.
- starts at POB and proceeds clockwise or counterclockwise by way of “Calls”
- distance between monuments takes precedence or any linear measurement if they differ.
Point of Beginning (POB): metes and bounds
definitely designated place
Calls: Metes & Bounds
Linear measurements and compass directions used in metes and bounds.
- Metes= Distance
- Direction = Bounds
- Begins with North or South, then East or West
- Always ends at POB
Monuments: Metes & Bounds
1) fixed objects used to establish real estate boundaries.
* stones
* large trees
* lakes
* streams
* streets
* highways
* survey markers
2) Measurements referred to as “more or less”
3) location of is more important than distance
Rectangular ‘Government Survey System’
established 1785
standardized the description of land aquired by federal government
*land divided into rectangles
*based on Principle Meridians & Base Lines referenced by location of longitude and latitude.
Principal Meridians: Gov’t Survey System
- 37 in US
- Run North and South
- Often relate to more than one state and
can also relate to two base lines. - referenced by longitude and latitude
- no parcel of land is described by
reference to more than one principal
meridian.
Base Lines: Gov’t Survey System
- Run East & West
* Referenced by longitude and latitude
Ranges : Gov’t Survey System
- North & South strips of land on either side
(parallel) of a principal meridian. - 6 miles wide
- designated by consecutive #’s east or west of principal meridian.
Township Tiers: Gov’t Survey System
- Township lines running East & West
- Parallel to base line
- 6 miles apart
- designated by consecutive #’s North or
South of the base line
Township Squares: Gov’t Survey System
- When horizontal township lines and vertical
range lines intersect forming squares. - Basic units of the rectangular survey system
Townships
- 6 miles square
- 36 square miles/ 36 sections
- 23, 040 acres
Legal description includes
1) designation of township tier
2) designation of the range strip
3) Name or # of the principal meridian for that
area.
*numbered right to left, left to right etc.
Sections: Gov’t Survey System
- 36 in each township
- 1 square mile
- 640 acres
- 43,560 sq feet in each acre
- divided into halves = 320 acres
- divided into quarters = 160 acres
Section 16
by law set aside for school purposes
Reference to a Recorded Plat (Lot & Block)
* 2nd method of land description used in
NC
* uses lot and block numbers/plat or
subdivision
* placed in Register of Deeds of county
* Most common and worry free method
used in urban areas.Plat Map
created by licensed surveyor or engineer
- lot sizes and street details
- when referenced
- lot and block number
- name or number
- name of county & state
Reference to a Recorded Deed
- 3rd method of land description used in
NC - usually references an earlier deed to
identical property - Deeds do not make reference to buildings
- Legal Descriptions that should be
prepared by professional land surveyor or
Lawyer only as affects title.
Informal References
Street Address
*often used in
short term lease agreements
listing contract
Survey
*sets forth the legal description of the property
Survey Sketch
Shows location & dimensions of parcel
Physical Survey, Mortgage Location Survey or Identification Survey
Shows
* Location, size, & shape of buildings on the
lot.
Topographic Survey/ Topo Survey
Shows
* lay of the land : hills & valleys
