Legal descriptions Flashcards
What two things does obtaining a survey do?
Clearly defines the property
Reveals potential concerns about property boundaries
Legal description
A method of identifying a property in written words that allows for unambiguous interpretation of a property, boundaries and location
Survey
A professional on-site measurement of the lot, lines and dimensions of property, including the location of any improvements, such as a house on the lot, any encroachment that may exist, and any easements a public record
Survey
A blue print or map showing the measurements boundaries, an area of property sometimes required by lenders to ensure that no encroachments exist
Where to find legal descriptions
Deeds of conveyance
Mortgages
Claimed the title
Leases
Title insurance policies
Easements
Offers to purchase
Tax assessments, tax rules, and other tax records
Where to find legal descriptions for purchase
Online in the registry of deeds
Some counties will charge a fee to view information
Contact your favorite title company
County recorder or assessors office
What are three methods of land description
Metes and bounds
Lot and block
Rectangular government survey system
Metes and bounds
A survey system using points of reference and directional indicators to identify and locate a property for legal for purposes
Oldest land measurement system used in the US
The direction and distance of a line forming the boundary of the property are described by metes
Bounds referred to the physical features that defined the boundaries of the land
Monument is a permanent mark property corners
Lot and block
A legal description that refers to a lot and block number within a subdivision as indicated on a recorded subdivision plot (think city block)
Also known as plat reference system
Used mainly in urban and suburban areas for subdivided land
Large land divided into smaller parcels, a.k.a. pieces of land such as lots and acres
Each parcel is identified by a letter or number, blocks are groups of parcels bordered by streets that are numbered
Rectangular government survey system
RGSS
A governmental survey system that describes land in reference to principle meridians and baseline
640 acre sections each section is one square mile then into quarter sections
Known as the public land survey system, PLSS, survey, federally on walks of land, regulated by the Bureau of land management under the US Department of the interior
Used in 30 western and southern states isn’t used in east coast states
A metes and bounds description, the point of beginning is extremely important. What is the importance of the point of beginning?
A) Entire description is based off the point of the beginning
B) The point of beginning is where the entrance of the property will be located
C) It provides the directional description for the property boundary
Entire description is based off the point of beginning
What is the preferred type of property method description?
Lot and block land description method
Townships
6 miles x 6 mile square for a total area of 36 Miles
Townships are further subdivided into 36, 1 mile 640 acre sections then into quarter sections quarter quarter sections or irregular government lots
Principal meridian
An imaginary line that runs north and south across a baseline at a specific point, used by surveyors, or reference to locate and describe land, using the rectangular survey system
Baseline
An imaginary line that runs east and west, and across the principal meridian at a specific point it is used by surveyors as a reference point to locate and describe land under the rectangular survey system
Match the rectangular government survey term
Consist of 36 one square mile sections
Section
Principal meridian
Township
Township
Match the rectangular government survey term
Consist of 640 acres
Section
Principal meridian
Township
Section
Match the rectangular government survey term
The north-south line runs through the initial point
Section
principal meridian
Township
Principal meridian
North-south lines that do not run through the initial point
Baseline
Township lines
Range lines
Range lines
East west lines that do not run through the initial point
Base line
Township lines
Range lines
Township lines
The east west line that runs through the initial point
Base line
Township lines
Range lines
Base line
Property owners own the airspace above the property and can divide it into lots
True or false
True
Condominium ownership is ownership of the air space between the units boundaries
True or false
True
Condominium, plat, maps, created for condominiums, shows, elevations of floors and ceilings, but not the vertical boundaries
true or false
False
Condominium, legal descriptions for condominiums use datum instead of point of beginning
true or false
True
An on-site measurement of boundaries, encroachments, and position of improvements on a property that determines land areas
Survey
A method of describing a piece of land that starts at a point of beginning, and follows the boundaries using directions and distance, and returns to the point of beginning
Metes and bounds
A legal description that is also called a plat description
Lot and block
A horizontal reference point from which heights and depths are measured
Datum
A division of open space above a property
Air lot
A permanent natural or man-made landmark used as a point of reference in measuring property boundaries
Monument
A numbered embossed brass marker used to establish a reference point for surveyors when measuring elevations
Benchmark
A governmental method of surveying and describing land that uses principal meridians
Rectangular survey system
Cheri wants to find the legal description for her property. Where could she look
At a deed
In a history book
In the phonebook
On a piece of mail
Add a deed
When looking at a rectangular survey system map, where would section 36 be located?
Exact center of the township
The north eastern most section of the township
The south, eastern most section of the township
The south western most section of the township
The south, eastern most section of the township
The numbers on the grid start with section one on the north eastern corner of the township, then follow a zigzag pattern with section 36 in the south eastern most corner
How large is a section used in the rectangular survey system
640 acres
640 miles
640 ft.²
1 acre
640 acres
The Simpsons are buying a 5 acre lot that was part of a much larger tract of acreage. When the owners of the large acreage decided to subdivide it, they needed to have a legal description created for the 5 acre lot. What was used as the starting point for creating the legal description?
A benchmark
A plat map
A survey
Metes
A survey
A survey is used to create, verify, or correct a legal description. It’s a professional on site measurement of the lot lines and dimensions of property.
Buyers Tony and Sylvia know the postal address of the property they are purchasing what are wondering about the legal description of the property. Where is the most likely place to find a legal description
Deed
HOA covenants
Home warranty
Listing agreement
Deed
A registered land surveyor is preparing a plat map that will show elevations and boundaries for a multi level condominium complex. What is used as a reference point for measuring elevation
Datum
Monument
Pointed beginning
Sea level
Datum
Absent, a legal description, what are other ways to identify a property?
A legal description is the only way to identify the property
Family photos
State light imagery
Street address and tax map personal identification numbers
Street address and tax map personal identification numbers