unit 8: legal descriptions

Which may be a natural object, such as a tree or boulder, or a man-made object, such as a steel rod or stake driven into the ground?

The answer is monument. Monuments are used to establish real estate boundaries, corners, or points where directions change. They are sometimes natural objects, such as trees, streams, or piles of stones; but they are generally man-made objects, such as iron pipes, posts, or stakes.

survey

boundaries are measured and land areas are determined.

bench marks

permanent reference markers, used for marking datums

datrum

a point, line, or surface from which elevations are measured.

recorded subdivison plat

1) also known as lot and block. 2) system used for most urban property in Texas

metes and bounds

1) points of beginning and monuments. 2)system used for most rural property in Texas.

Each section has an area of approximately

The answer is 1 square mile. Each section is one mile square and contains one square mile or 640 acres. Texas uses this section measurement for rural land. Under the rectangular survey system in other states, sections are numbered 1 through 36 starting with 1 in the northeast (top right) corner, then west (left) along the top row to the northwest (left) corner. The second row is numbered west (left) to east (right), and the remaining four rows continue the pattern.

The N½, SW¼, SE¼ of Section 13 contains

The answer is 20 acres. A section contains 640 acres. The parcel contains 20 acres (640 × ¼ × ¼ × ½).

A unit of measurement used almost exclusively in farm and ranch deals is the "chain." How long is a chain?

The answer is 66 feet (four rods, 100 links.) Used in Spanish measuring systems, it is almost only used to measure land.

The base for U.S. Geological Survey (USGS) datum used by surveyors for real estate transactions is the mean sea level in

The answer is New York Harbor. The USGS datum is of special significance to surveyors for activities such as determining the height of structures or establishing the grades of streets.

What two terms are essentially interchangeable in legal property descriptions. They are

The answer is POB and POC (point of beginning and point of commencement). The POB or POC is the point at which the legal description begins.

In the metes-and-bounds description, 360° equals

The answer is a circle. The following measurements are used as part of the description: circle = 360° (degrees), each degree = 60' (minutes), and each minute = 60" (seconds). Due north and due south are 0°; due east and due west are 90°.

Which describes a survey sketch?

The answer is a document that shows the location and dimensions of a property, as well as its legal description. A survey sets forth the legal description of a property; a survey sketch also shows the location and dimensions of the parcel. When a survey shows the location, size, and shape of improvements and reflects fences, sidewalks, easements, and encroachments, it is an improvement survey.

Which describes a datum?

The answer is a point, line, or surface from which elevations are measured or indicated. Elevation is measured from New York Harbor, establishing a datum reference for surveys conducted in each city. Air subdivided above land creates air lots. A benchmark is a permanent reference marker in a sidewalk or other structure. A monument is a marker used to establish boundaries, corners, or points where directions change.

Because each city or town is permitted to establish datums, the elevation point

The answer is decided by the U.S. Geological Survey and is the accurate local measurement of height above sea level in New York Harbor. The brass marker is permanently set to report the exact elevation, such as 3,681.58 feet above sea level.

One of the basics of pricing land is to express the price

The answer is in the same unit in which cost is given - such as per square foot or per acre. If the cost of a piece of property is expressed as $2,500 per acre, then a 600-acre plot would be priced at $1.5 million.

What is a critical problem in using "natural" monuments in metes-and-bounds property descriptions?

The answer is natural monuments such as trees and rock piles may change or be destroyed over time. Trees die and are replaced with other trees, rocks may be obscured by vegetation, rivers and streams sometimes change course.

In any dispute involving the location of boundaries based on monuments, what is the typical resolution?

The answer is natural monuments take precedent over man-made monuments. Despite possible issues, over time natural monuments have proven more reliable in the use of property descriptions.

When it is obvious that a neighbor's shed actually intrudes several feet over onto a homeseller's property, is it permissible for the listing agent to redraw property's legal description to avoid any conflict?

The answer is no, the listing agent is not at liberty to change the property line as legally described in the survey. Only a licensed land surveyor can change a property line, though in this case it is likely the homeseller and neighbor will have to reach an accommodation rather than actually change the boundary.

What land features tend to warp property descriptions in surveys?

The answer is none. Land is surveyed on a flat plain basis, regardless of hills, mountains, or anything else on the property.

The bearing of MOST property boundary lines in Texas is

The answer is northbound or southbound. Obviously, not all property lines go north to south, but the variance is described in angles and degrees.

Under what circumstances does a legal land description not return to its point of beginning (POB)?

The answer is property descriptions always return to their POB (closure). There are rules for where property lines are drawn along river beds, lake shores, and the ocean. Boundaries also run naturally along state or federal borders.

In a metes-and-bounds description,

The answer is the actual distance between monuments takes precedence over linear measurements set forth in a description. In addition, natural objects take precedence over man-made monuments if discrepancies exist in descriptions.

improvement survey

shows location, size, and shape of buildings located on a lot.

survey sketch

shows the location and dimensions of the parcel

(For each legal description characteristic listed, identify the description method to which it applies) rectangular survey system

system used in most of the country

lot-and-block

uses numbers refferred to in a plat map, often used to describe property in subdivisions.