Legal Descriptions "The small landholders are the most precious part of a state." -Thomas...

Legal Descriptions

"The small landholders are the most precious part of a state."

-Thomas Jefferson

Legal Description

A written passage or statement that defines property and is descriptive enough for the property to be differentiated from other properties and located without other evidence.

©iStockphoto.com

Legal Description

In United States:

• Metes and Bounds– Original 13 states and HI, KY, ME,TN,TX, VA,

WV

• Rectangular Survey System– Remaining 30 states

• Lot and Block– Used in conjunction with either of the other two

systems

Metes and Bounds

A system of land description that identifies a property by describing the shape and boundary dimensions of a unit of land based on its edge distances and bearing angles from a defined starting point.

Metes and BoundsMete = boundary described by a distance and direction between property corners

− North 30º West a distance of 567 ft

Bound = boundary that is described less accurately

− “Along the stone wall at the edge of Isaac Porcher’s property”

Point of Beginning (POB) = a property corner from which the description originates; the starting point

Metes and Bounds“From the POB proceed N 67° 35’ E along said right of way line of State Road No.1 a distance of 120 ft.”

•Lines are described with respect to natural or artificial monuments and baselines.•Line length is measured along a level plane.•Directions are described using bearing angles with respect to the previous line.

Lengths• Early metes and bounds

1 Chain = 100 links

= 4 rods

= 66 feet

• Today, lengths are typically given in decimal feet.– Example: 315.75 ft

(not 315’- 9”)

Courtesy Smithsonian Institute, National Museum of American History http://www.loc.gov/exhibits/lewisandclark/lewis-before.html

Bearings

• The deviation measured in degrees, minutes, and seconds from a known line or direction

N25° 35’ 12”E

North 25 degrees 35 minutes and 12 seconds east

S22° 35’W

South 22 degrees 35 minutes west

• Angle measure1 degree = 60 minutes

1 minute = 60 seconds

N 25°35’ E

25° 35'N

S

EW

S 22°35’W

N

S

EW

22° 35'

Metes and Bounds Example“From the POB proceed N 67° 35’ E along said right of way line of State Road No.1 a distance of 120 ft.”

N

S

EW

67° 35'

POB

120 ft

Metes and Bounds

“…thence N 12° 45’ W

a distance of 67 ft.” 12° 45'

POB

67 ftN

S

EW

N 67° 35' E

120'

Metes and Bounds

POB

N 12° 45' W

67 '

N 67° 35' E

120 '

N 78° 10 ' W 98 '

S 12° 45' E

63 '

S 1

1° 3

0' W

71 '

Rectangular Survey

Thomas Jefferson

Designed for the organization, division, and sale of government-owned frontier lands

Meridian and Base Lines

Principal Meridian

Base Line

Principal Meridians

Principal Meridians

6 miles(TYP)

Range Lines

Township Lines

6 m

iles

(TY

P)

Townships

T2N

R2E

T2S

R1E

T2S

R2E

T2S

R1W

T2S

R2W

T1S

R2W

T1S

R1W

T1S

R1E

T1S

R2E

T1N

R2W

T1N

R1W

T1N

R1E

T1N

R2E

T2N

R1E

T2N

R2W

T2N

R2W

Each Township = 36 Sections

Each SectionSection = 1 square mile

= 640 acres

Half Section 320 acres

80 acresQuarter Section

160 acres40

acres20 acres

20 acres

Partial Sections

Northwest 1/4

Evidence of Rectangular Survey

Courtesy NASA http://earthobservatory.nasa.gov/IOTD/view.php?id=5772

SECTION

Rectangular Survey Example

Township 1 South, Range 1 East, 3rd PM, Section 25: S1/2 NW1/4

3rd PM = 3rd Principal Meridian

Locate the Principal Meridian

Locate the Township

Township 1 South, Range 1 East, 3rd PM

Locate the Section

Section 25

Locate the Subdivision

S1/2 NW1/4

Township 1 South, Range 1 East, 3rd PM, Section 25: S1/2 NW1/4

Lot and Block

• Provides for the subdivision of a tract of land– Divided into blocks consisting of many

individual lots

• Inspired the term subdivision– Legal description recorded as lot number and

block number of the named subdivision

• Used with metes and bounds and rectangular survey descriptions

Courtesy Register Mesne Conveyance, City of Charleston, SC

Lot and Block

Image Sources

Microsoft, Inc. (2010). Clip art. Retrieved May 25, 2010, from http://office.microsoft.com/en-us/clipart/default.aspx

Istockphoto (2010). Stock photograph. Retrieved May 25, 2010, from http://istockphoto.com

Register Mesne Conveyance Office, City of Charleston, SC.