Unit 5 Flashcards

1
Q

Legal description

A

A detailed way of describing a parcel of land in a document that will be accepted in a court of law. The description is based on information collected through a survey.

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2
Q

Survey

A

The process by which boundaries are measured and land area are determined; the in-site measurement if lot lines, dimensions, and position of a house on a lot, including the determination of any existing encroachments or easements

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3
Q

3 methods used to describe real esatate

A

Metes and bounds
Rectangular (or government) survey
Lot snd block (recorded plat)

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4
Q

Metes-and-bound method (oldest in the book)

A

Metes- means to measure, and bounds- means linear directions.
The method relies on a property’s physical features to determine the boundaries and measurements of the parcel. A metes-and-bounds description starts at s designated place on the parcel called the point of beginning (POB).

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5
Q

Point of beginning (POB)

A

In a metes-and-bounds legal description, the starting point if the survey, situated in one corner if the parcel; all metes-and-bounds descriptions must follow the boundaries if the parcel back to the point of beginning.

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6
Q

Boundaries

A

The boundaries are recorded by referring to linear measurements, natural and artificial landmarks (called monuments), and directions. A metes-and-bounds description always ends back at the POB so that the tract being described is completely enclosed.

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7
Q

Monuments

A

A fixed natural or artificial object used to establish real estate boundaries for a metes-and-bounds description. In colonial times a monument may be a stone, big tree, pond, lake, fence, street, or other marker. Today, monuments are iron pins or concrete posts placed by the US army corps of engineers, other gov departments, or trained private surveyors.

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8
Q

Rectangular survey system (government survey system)

A

A system established in 1785 by the federal government, providing for surveying and describing land by reference to principal meridians and base lines. By dividing the land into rectangles, the survey provided land descriptions by describing the rectangle(s) in which the land was located. System is based on two sets of intersecting lines: principal meridians and base lines.

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9
Q

Principal meridians

A

The main imaginary line running north and south and crossing a base like at a definite point; used by surveyors for reference in locating and describing land under the rectangular(government) survey system of legal description.

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10
Q

Township lines

A

All the lines in a rectangular survey system that run east and west, parallel to the base line and six miles apart.

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11
Q

Tiers

A

Strips of land that are 6 miles wide, extending east and west and numbered north and south according ti their distance from the base line in the rectangular survey system of legal description.

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12
Q

The land that is on either side if a principal meridian is divided into 6 mile wide strips by lines that run north and south, parallel to the meridian. These North-South strips of land are called…

A

Ranges

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13
Q

The lines that run north and south

A

Principal meridians

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14
Q

The lines that run east and west

A

Base lines

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15
Q

Quick note

A

Townships are subdivided into sections and subsections called halves and quarters, which are further divided. Each township contains 36 sections. Each section is one square mile (640 acres) (43560 sq. ft. per acre) section 1 is always in the northeast or upper right hand corner. The numbering proceeds from right to left, then down a tier, then left to right, then down, then right to left( like mowing a lawn).

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16
Q

Quick note

A

Sections are divided into halves (320 acres) and quarters (160 acres)
To calculate acres in a rectangular survey system description, multiply all denominators and divide that number into 640 acres. For instance the SE 1/4 of SE1/4 of SE14 of section 1 =
4x4x4= 64 640 divided by 64= 10 acres

17
Q

Lot-and-block (recorded plat) method

A

A method of describing real property that identifies a parcel of land by reference to lot and block numbers within a subdivision, as specified in a recorded subdivision plat. Noting lot sizes, street names, and other required information that is approved by the governing body, and filed in public records of the county where the land is located.

18
Q

Quick note

A

Survey preparation includes both a legal description and a survey sketch.

19
Q

Voluntary alienation

A

The legal term fir the transfer if title during the property owner’s lifetime. An owner may transfer title by making a gift or by selling the property

20
Q

Deed

A

A document by which an owner if real estate conveys the right, title, or interest owned in a parcel of real estate to someone else. All deeds must be in writing.

21
Q

Grantor

A

The owner who transfers the property

22
Q

Grantee

A

A person who receives a transfer of real property from a grantor.

23
Q

Requirements for a valid deed

A

-grantor who has the legal competency to execute the deed
-grantee names with reasonable certainty to be identified
-statement if consideration
-granting clause (words of conveyance)
-habendum clause, which defines the ownership right recieved by the grantee
-accurate legal description of the property conveyed
-any relevant exceptions or reservations to conveyance of full title
-acknowledgment (notarization) of the signature of the grantor
-delivery of the deed and acceptance by the grantee to pass title