12: Legal Descriptions

A yard is how many feet

3 feet (linear)

Mile is how many feet

5,280 feet (linear)

Metes and Bounds

A common method of land description that identifies a property by specifying the shape and boundary dimensions of the parcel, using terminal points and angles. A metes-and-bounds description starts at a well-marked point of beginning and follows the boundaries of the land by measures, distances, compass direction and returns to the true point of beginning.

township sections

Each township is divided into 36 squares that are one mile by one mile. Numbered 1 through 36. Section 1 is always in the northeast or upper right-hand corner. The numbering proceeds right to left to the upper left-hand corner. From there, the numbers drop down to the next tier and continue from left to right, then back from right to left.

lot-and-block (or plat of survey or recorded plat) system

System uses lot and block numbers referred to in a plat map filed in the public records of the county where the land is located. starts with the preparation of a subdivision plat usually prepared by a licensed surveyor or an engineer. On this plat, the land is divided into numbered or lettered lots and blocks. Streets or access roads for public use are also indicated. Lot sizes and street details must be described completely and must comply with all statutes and local ordinances. The map may also indicate the Assessor's tax parcel number for each lot. The map is then signed by the surveyor or other preparer. On file with public records

Datum

a point, line or surface from which elevations are measured or indicated. For the purpose of the United States Geological Survey (USGS), it is defined as the mean sea level at New York Harbor. A surveyor would use this in determining the height of a structure or establishing the grade of a street.

base lines

run east and west

A parcel of land described as "the NW 1/4 and the SW 1/4 of Section 6, T4N, R8W of the 3rd Principal Meridian," was sold for $875 per acre. The listing broker will receive a 5% commission on the total sales price. How much will the broker receive?

$1,750. $14,000. - CORRECT $5,040. $15,040. NOTE: This description contains two quarter sections. A quarter section contains 160 acres (640 ÷ 4 = 160). So, 160 + 160 = 320 acres x $875 = $280,000 sales price x .05 (5%) = $14,000 commission.

If a farm described as the NW 1/4 of the SE 1/4 of Section 10, Township 2 North, Range 3 West, of the 4th Principal Meridian was sold for $500 an acre, the sales price would be:

$16,000. $20,000. - CORRECT $80,000. $40,000. NOTE: 640 ÷ 4 ÷ 4 = 40 acres x $500 per acre = $20,000. OR: 4 x 4 = 16 into 640 = 40 acres x $500 per acre = $20,000.

Ranges

The land on either side of a principal meridian is divided into six-mile-wide strips by lines that run north and south, parallel to the meridian. These north-south strips of land are called this. They are designated by consecutive numbers east or west of the principal meridian. For example, Range 3 East would be a strip of land between 12 and 18 miles east of its principal meridian.

Base Line

The primary survey line running east and west used in the government survey method of property description, used as a starting point for measuring township lines.

Principal Meridian

The primary survey line used in the government survey system that runs north and south and is used for numbering ranges

Survey

The process by which boundaries are measured and land areas determined; the on-site measurement of lot lines, dimensions and position of buildings in a lot, including the determination of any existing encroachments, easements, party walls and compliance with setback requirements. The results of the survey are graphically depicted on a map which is also called the survey or surveyor's map.

Three basic methods can be used to describe real estate:

1. the metes and bounds system 2. the lot and block (or "plat of survey") system 3. the government survey (or rectangular survey) system.

A developer wants to subdivide an acre into 6 equal parcels. Each parcel is 55 feet wide. How deep are the lots?

139 feet. 132 feet. - CORRECT 55 feet. 126 feet. NOTE: 1 acre = 43,560 square feet. So, 43,560 ÷ 6 lots ÷ 55 wide each = 132 feet depth (remember length times width equal area).

A cubic yard is how many cubic feet

27 cubic feet

One acre equals how many square feet

43,560

Acre is how many square feet

43,560 square feet

A description reading, "The NE 1/4 of the NW 1/4 and the N 1/2 of the NW 1/4 of the NE 1/4 of Section 10," contains:

60 acres. - CORRECT 80 acres. 70 acres. 40 acres. NOTE: 640 acres ÷ 4 ÷ 4 = 40 acres PLUS 640 acres ÷ 4 ÷ 4 ÷ 2 = 20 acres. 40 acres + 20 acres = 60 acres.

A parcel of land is described as the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 12, T32N, R43W of the 4th Principal Meridian. How many acres does the parcel contain?

60. 10. 40. 20 NOTE: There are 640 acres in a section so you need to divide the 640 acres into quarter sections; then divide the quarter section into quarters and then in half: 640 ÷ 4 ÷ 4 ÷ 2 = 20. This could also be calculated as 640 ÷ 2 ÷ 4 ÷ 4 = 20. Another method would be 2 x 4 x 4 = 32. 640 ÷ 32 = 20.

A piece of land measures 1/8 mile by 1/8 mile. How many acres are contained in this parcel?

60. 40. 10. - CORRECT 20 NOTE: A parcel of land that measures 1 mile by 1 mile contains 640 acres so: 640 ÷ 8 ÷ 8 = 10.

A section mile is how many acres

640 acres (5,280 feet by 5,280 feet)

Each section contains how many acres?

640 acres (one acre = 43,560 square feet)

A parcel of land is described as "Beginning at a concrete pipe thence East, 2,640 feet; thence South 1,200 feet; thence West 2,640 feet; thence North to the Point of Beginning." How many acres does the parcel contain?

78. 73. - CORRECT 70. 75. NOTE: 2,640 x 1,200 ÷ 43,560 = 72.727272 (or 73, rounded to the nearest whole number

A square yard is how many square feet

9 square feet

Legal Description

A description of a piece of real property that is acceptable by the courts of the state where the property is located, for use in real property conveyance documents by which land may be known with certainty. The description is usually complete enough so that an independent surveyor can locate and identify that specific parcel of land. Methods of description are plat of survey, government survey and metes and bounds.

Township

A division of territory, used in the government (rectangular) survey system of land description, which is 6 miles square and contains 36 sections, each of which is 1 mile square.

Range Line

A measurement, used in the government survey system, made up of a strip land six miles wide, running in a north-south direction.

Section

A parcel of land usually measuring one mile by one mile that is part of a township. There are 36 sections in each township and each section contains 640 acres.

Rectangular Survey Method

A system of land description that applies to much of the land in the U. S., particularly in the western states. (See government survey method.)

Government Survey Method

A system of land description that applies to much of the land in the U. S., particularly in the western states; also called the geodetic or rectangular survey system.

Government Lots

Areas smaller than full quarter-sections created by the curvature of the earth, by land bordering or surrounding large bodies of water, or by artificial state borders. An overage or shortage was corrected whenever possible by placing the government lots in the north or west portions of the fractional sections

government lots

Areas smaller than full quarter-sections were numbered and designated as this by surveyors. These lots can be created by the curvature of the earth, by land bordering or surrounding large bodies of water, or by artificial state borders. An overage or shortage was corrected whenever possible by placing this in the north or west portions of the fractional sections.

section number 16

By law is set aside for school purposes. The sale or rental proceeds from this land were originally available for township school use. The schoolhouse was usually located in this section so it would be centrally located for all of the students in the township. AKA school section.

correction line

Every fourth township line, both north and south of the base line is designated as this. The range lines are measured to the full distance of six miles apart. Guide meridians run north and south at 24-mile intervals from the principal meridian.

How can sections be divided?

Into halves (320 acres) and quarters (160 acres) In turn, each of those parts may be further divided into halves and quarters. The southeast quarter of a section, which is a 160-acre tract, is abbreviated SE 1/4. The SE 1/4 of the SE 1/4 of the SE 1/4 of Section 1 would be a ten-acre square in the lower right-hand corner of Section 1. Sometimes uses a shorthand method in its descriptions. For instance, a comma may be used in place of the word of: SE 1/4, SE 1/4 , SE 1/4, Section 1. It is possible to combine portions of a section, such as NE 1/4 of SW 1/4 and N 1/2 of NW 1/4 of SE 1/4 of Section 1, which could also be written NE 1/4, SW 1/4; N 1/2, NW 1/4, SE 1/4 of Section 1. A semicolon means and. Because of the word and in this description, the area is 60 acres

Township Lines

Lines running east and west, parallel to the base line and six miles apart They form strips of land called township tiers. These township tiers are designated by consecutive numbers north or south of the base line. For instance, the strip of land between 6 and 12 miles north of a base line is Township 2 North.

Benchmarks

Permanent reference points that have been established throughout the United States. They are usually embossed brass markers set into solid concrete or asphalt bases.

To determine the location and size of a property described in the rectangular or government survey system, start at the end and work backward to the beginning, reading from right to left. For example, consider the following description: The S1/2 of the NW 1/4 of the SE 1/4 of Section 11, Township 8 North, Range 6 West of the Fourth Principal Meridian.

To locate this tract of land from the citation along, first search for the fourth principal meridian on a map of the United States. Then, on a regional map, find the township in which the property is located by counting six range strips west of the fourth principal meridian and eight townships north of its corresponding base line. After locating Section 11, divide the section into quarters. Then divide the SE 1/4 into quarters, and then the NW 1/4 of that into halves. The S 1/2 of that NW 1/4 contains the property in question. In computing the size of the above tract of land, first determine that the SE 1/4 of the section contains 160 acres (640 acres divided by 4). The NW 1/4 of that quarter-section contains 40 acres (160 acres divided by 4), and the S 1/2 of that quarter-section—the property in question—contains 20 acres (40 acres divided by 2). You could shorten the process by merely entering 640 into your calculator and pressing the division sign; then enter the denominator of the first fraction in the description (in this case the number 2); then enter the next denominator (in this case the number 4); etc. So, you would enter the following key strokes: 640 ÷ 2 ÷ 4 ÷ 4 = 20.

fractional sections

Undersized or oversized sections are classified as this and may occur for a number of reasons. In some areas, for instance, the rectangular survey may have been made by separate crews and gaps less than a section wide remained when the surveys met. Other errors may have resulted from the physical difficulties encountered in the actual survey. For example, part of a section may be submerged in water.

Fractional Sections

Undersized or oversized sections resulting from problems such as when the rectangular survey was made by separate crews and gaps less than a section wide remained when the surveys met or from physical difficulties encountered in the actual survey. For example, part of a section may be submerged in water

township squares

When the horizontal township lines and the vertical range lines intersect, they form squares that measure 6 miles by 6 miles (or 36 square miles). Are the basic units of the rectangular survey system.

A metes-and-bounds description must:

cover an area larger than ten acres. always use north as the basis for directions. commence and finish at the same identifiable point. - CORRECT be in an area not included in the rectangular survey system Note: The description must completely encircle the property in question. To do this, the description must begin and end at the same identifiable point of beginning.

rectangular survey system, sometimes called the government survey system

established by congress in 1787 to standardize the description of land acquired by the newly formed federal government. The system is based on two sets of intersecting lines: principal meridians and base lines.

Monuments

fixed objects used to identify the POB (Point of Beginning), the ends of boundary segments or the location of intersecting boundaries. May be a natural object, such as a stone, large tree, lake or stream. It also may be a man made object, like a street, highway, fence, canal or markers (iron pins or concrete posts) placed by surveyors.

In parts of the country where there are many lakes and rivers, the rectangular survey system designations will often include:

hyphenated sections. mean water line sections. fractional sections. - CORRECT meander-line sections NOTE: Sections do not include areas of public water, so there will be fractional sections surrounding the water.

government check (with correction lines)

is the area bounded by two guide meridians and two correction lines—an area approximately 24 miles square.

Benchmarks

permanent reference points that have been established throughout the United States. They are usually embossed brass markers set into solid concrete or asphalt bases. While used to some degree for surface measurements, their principal reference use is for marking datum.

principal meridians

run north and south. has a name or number and is crossed by a base line. this and its corresponding base line are used to survey a definite area of land, indicated on the map by boundary lines.

metes and bounds system

system of legal description is the oldest type. It relies on a property's physical features to determine the boundaries and measurements of the parcel. A description is usually based upon a survey and starts at a designated place on the parcel, called the Point of Beginning (POB). From there, the description proceeds around the property's boundaries. The boundaries are recorded by referring to linear measurements, natural and artificial landmarks (called monuments) and directions. Always ends back at the POB so that the tract being described is completely enclosed. ("metes" means measurements and "bounds" means boundaries)

Range and township lines are parallel only in __

theory. Due to the curvature of the earth, the lines gradually approach each other. If they are extended northward, they eventually meet at the North Pole. The fact that the earth is not flat, combined with the crude instruments used in early days, means that few townships are exactly six-mile squares or contain exactly 36 square miles. The system compensates for this "round earth problem" with correction lines.

A licensed surveyor

trained and authorized to determine the area of portions of the earth's surface, length and direction of boundary lines and the contour of the surface. trained and authorized to determine the area of portions of the earth's surface, length and direction of boundary lines and the contour of the surface.