Virginia Legal Descriptions (5) Flashcards
T/F. The most common method of describing real estate in Virginia is a combination of the metes-and-bounds and lot-and-block methods.
True
In regards to describing real estate,______________, that is, evidence of facts and circumstances not included in the deed or contract, is admissible in a court proceeding if the facts were well known in the community at the time the deed was made.
Parol evidence
The description of land by any of the following methods is legally sufficient, if the county or city and state are included:
By courses and distances with an identifiable starting point (metes-and-bounds method)
As bounded by natural or artificial objects or by the land of named persons (monuments method)
By reference to a recorded map, plat, survey, deed, or other writing (lot-and-block method)
By number or code on a recorded subdivision (subdivision method)
By geodetic survey of townships, ranges, meridians, and so forth (rectangular government survey method)
By house number and named street, where there is an established system of numbering (in many cases, this is not considered to be an adequate legal description because house numbers and even street names are frequently subject to change)
By any name by which the land is generally known and identifiable
As occupied or acquired by a named person at a definite time
As being all the land of the grantor in a designated way or acquired in a specific way
T/F. A false description does not invalidate the deed if, after rejecting the false description, enough information remains to permit reliable identification of the land to be conveyed.
True
Disputed boundaries between two adjoining lands may be settled by express agreement. Virginia law provides for a court proceeding to establish boundaries.
In conflicts concerning true boundaries, Virginia law gives preference to methods of description in the following order:
1) Natural Monuments or Landmarks
2) Artificial monuments and established lines
3) Adjacent boundaries or lines of adjoining tracts
4) Calls for courses and distances
5) Designation of quantity, such as “approximately 3.5 acres”
T/F. In regards to surveys and surveyors, to engage in the practice of land surveying in Virginia, a surveyor’s license is not required?
False.
T/F. In Virginia, lenders are allowed to require that a particular surveyor perform the survey in connection with making a loan to purchase real property?
False
Surveys are recorded in the clerk’s office of the circuit court where _____________.
the land is located
What are 4 types of surveys commonly used in VA?
1) Subdivision Plat
2) Boundary Survey
3) House Location Survey
4) Physical or As-Built Survey
Boundary Survey?
shows the boundary or perimeter of the parcel
House Location Survey?
a boundary survey with the location of the house shown.
Physical or As-Built Survey?
A house location survey with all other physical features of the subject property shown, including water courses, utility lines, fence lines, outbuildings, and similar features.
Subdivision Plat?
A map of each parcel of land that shows subdivided lots, streets, and similar features.
The ____________ is the primary person obligated to examine the survey?
Attorney
