Real Property Descriptions Flashcards
Real property can be described how?
In a sales contract: real property in Hawaii these descriptions usually include property address and TMK. (Tax map key)
In conveyance document, it is more detailed. Recorders office ( in Hawaii, it is the bureau of Conveyances) will not accept a generic description. A legal description is REQUIRED for all recorded instruments affecting title to real property.
What is a legal description?
In Hawaii, there are 2 recording systems( land Court and the Regular System). Each requires a different type of legal description.
What are the 3 Types of Legal Descriptions in Hawaii?
1) . The Regular Systems. (The Abstract System)
2) . TheLand Court
3) . The Public Land Survey System. (PLSS) aka. Gov. Survey System or the Rectangular Ccordinate Survey System
The regular system accepts which legal descriptions?
1). Metes and bounds. ( measurements and boundaries)
May use monuments, local geography.
2). Lot number ( subdivision)usually includes reference to file no.
And sometimes a reference to a map (also called the plat and parcel system
3). TMK ( can be used as legal description, almost always used as a reference
What is TMK?
Dizzy. “D”. For division. “Z” is for zone
Scott “S” for section
Plays. “P” for plat
Poker. “P” for parcel
What are the Divisions for Hawaii?
Oahu= 1
Maui ( includes Lana’i & Moloka’i = 2
Hawai’i = 3
Kaua’i= 4
What do the Land Court the legal descriptions must contain?
1) . Transfer Certificate of Title number (TCT)
2. A Land Court Number
3. A Map Number
4. A Lot Number
What is covered in the TCT NO?
- Old TCT #. New TCT #
- Document #
I. Registered Owner(s) , address, Tenancy
II. Land: undivided interest in land;
Lot 80,sq. Ft., map
Land Court Application No.
Condominium Map
III. Encumbrances
What is thePLSS ( public land survey system) aka Gov. survey system or the Rectangular Coordinate Survey System
The units townships and sections.
Each township is 6mi. X 6 mi. = 36 square miles.
Sections are 1 mi. X 1 mi. = 640 acres
Meridians run North and South
Baselines run East to West.
Township lines run East to West, 6 mi apart and for strips of lines called township tiers.
Range lines run North and South,6 mi apart and form strips of land called ranges.
What are Land Description Terms
- Staking simplest form of boundaries
- Survey shows size and location including existing easements, encroachments, dedicated streets, and existing improvements.
With Land Court a survey map is required to be filed and verified.
- Seaward Boundary: shoreline property in Hi. States that seaward boundary property is the upper reaches of the waves usually evidenced by debris left by waves.
Supreme Court has held that the seaward (makai) boundary of property will correspond to the high water mark.
Land may be lost by erosion.
A return by accretion. Requires a quiet title action.
Seaward boundary must conform to Hawaii law and
Any shoreline setback lines must comply with county regulations and/or ordinances.
What is The shoreline setback line.?
A line which is not less than 20 feet and not more than 40 feet from the shoreline.
