Kap Real Estate Chapter 4: Property Description Flashcards
What is a legal description?
describe the land but not the improvements that are appurtenant and automatically run with the land. This means all items attached to the land will convey in the deed with the legal description unless specifically excluded by contract such as fixtures.
There are three basic methods of legally describing real estate used in the United States:
(1) metes and bounds
(2) the rectangular (government) survey
(3) reference to recorded plat (lot and block)
A metes-and-bounds (boundary) description
is the earliest form of legal description used in the United States and is still the primary method of describing property in the original 13 colonies and is considered the best to use for real estate contract and deeds in North Carolina. It makes use of the boundaries and measurements of the land in question.
metes-and-bounds (boundary) description shows the boundaries of the parcel and where they meet. Such a description starts at a definitely designated place called the
point of beginning (POB)
Such a description starts at a definitely designated place called the point of beginning (POB) and proceeds around the boundaries of the tract (clockwise or counterclockwise) by reference to linear measurements and compass directions, referred to as —–. Each —– gives the distance (metes) and direction (bounds). Each call begins with either North or South (the cardinal directions), then the number of degrees East or West, using a surveyor’s compass.
- calls
- call
A metes-and-bounds description always ends at the —— so that the tract being described has closure.
Point-of-Beginning (POB)
Monuments are
fixed objects used to establish real estate boundaries. Natural objects such as stones, large trees, lakes, and streams, as well as streets, highways, and markers placed by surveyors, are commonly used as monuments.
Government (rectangular or geodetic) survey system
By dividing the land into rectangles, the survey provided land descriptions by describing the rectangle(s) in which the land was located. The system is based on two sets of intersecting lines: principal meridians and base lines.
The principal meridians run —– and ——–, and the base lines run —– and —-. Both are located by reference to degrees of longitude and latitude. Each principal meridian has a name or number and is crossed by a base line. Each principal meridian and its corresponding base line are used to survey a definite area of land, indicated on the map by boundary lines. There are 37 principal meridians in the United States.
- north
- south
- east
- west
The land on either side of a principal meridian is divided into six-mile-wide strips by lines that run north and south, parallel to the meridian. These north-south strips of land are called
Ranges
**They are designated by consecutive numbers east or west of the principal meridian. For example, Range 3 East would be a strip of land between 12 and 18 miles east of its principal meridian.
Lines running east and west, parallel to the base line and six miles apart, are referred to as township lines. They form strips of land called
township tiers
**These township tiers are designated by consecutive numbers north or south of the base line. For instance, the strip of land between 6 and 12 miles north of a base line is Township 2 North.
When the horizontal township lines and the vertical range lines intersect, they form squares. These ——– ——– are the basic units of the rectangular survey system.
-township squares
Township squares are subdivided into sections and subsections called halves and quarters, which can be further divided. Each township contains —- sections. Each section is — —- —– or 640 acres, with 43,560 square feet in each acre. Sections are numbered 1 through 36,
- 36
- one square mile
By law, each Section ____ was set aside for school purposes, and the sale or rental proceeds from this land were originally available for township school use. The schoolhouse was usually located in this section so it would be centrally located for all the students in the township. As a result, Section 16 is commonly referred to as a school section.
-16
The third method of land description used in North Carolina is by ——– to a ——– recorded document, usually an earlier deed to the identical property.
- reference
- publicly