Unit 8: Legal Descriptions

lot and block

A description of real property that identifies a parcel of land by reference to lot and block numbers within a subdivision, as specified on a plat of subdivision duly recorded in the county clerk's office.

air lot

A designated airspace over a piece of land. An air lot, like surface property, may be transferred.

datum

A horizontal plane from which heights and depths are measured.

metes and bounds

A legal description of a parcel of land that begins at a well-marked point and follows the boundaries, using direction and distances around the tract back to the place of beginning. See also point (place) of beginning.

section

A one-square-mile block of land, containing 640 acres, or approximately 1/36 of a township.

benchmark

A permanent reference mark or point established for use by surveyors in measuring differences in elevation.

Which describes a datum? A) A permanent reference marker such as a brass plate embedded in a sidewalk or other structure B) A point, line, or surface from which elevations are measured or indicated C) Air subdivided above land D) A marker used to establish real estate boundaries, corners, or points where directions change

A point, line, or surface from which elevations are measured or indicated

rectangular survey system

A system established in 1785 by the federal government providing for surveying and describing land by reference to principal meridians and base lines - sometimes called the governmental survey in Texas

subdivision plat

A tract of land divided by the owner, known as the developer, into blocks, building lots, and streets according to a recorded subdivision plat, which must comply with local ordinances and regulations

point (place) of beginning

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

When preparing a legal description of a property and writing down the angles, from the point of beginning (POB) and all the way back to the enclosure of the property at POB, must the angles always total exactly 360 degrees? A) Yes, but of the universal geometric stability that both boxes, rectangles, trapezoids, and even circles ultimately end with 360 degrees. B) No, because properties are not always square and often include abutting properties that also may not be square. C) Yes, because ultimately all plots have squared off corners. D) No, angles on triangular properties would only total 270 degrees.

No, because properties are not always square and often include abutting properties that also may not be square.

principal meridian

Run North and South - One of 37 north and south survey lines established and defined as part of the rectangular survey (government survey) system.

legal description

exact way of describing real estate in a contract, deed, mortgage or other document that will be accepted by a court of law. It is generally ascertained through a survey

monument

fixed objects that serve as a reference point for the surveyor when setting boundaries. Monuments 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.

township tier

strips of lands formed by township lines; township tiers are designated by consecutive numbers north or south of the base line

survey

the process of precisely determining the area, dimensions, and located of a piece of land. The courts have usually held that a description of the real estate in question is sufficient from a legal standpoint if a competent surveyor can locate it.

Property descriptions by metes and bounds is the oldest method of describing property. As such, property descriptions used today could date back to A) Texas Independence Day (1836). B) when Texas was under the rule of Mexico. C) when Texas became a state (1845). D) when Texas was under the rule of Spain.

when Texas was under the rule of Spain.

improvement survey

when a survey also shows the location, size, and shape of improvements located on the lot such as buildings, fences, sidewalks, pools, and other structures situated on the parcel

township square

when horizontal township lines and vertical range lines intersect, they form township squares.

square foot

144 square inches

rod

16.5 feet or 5.5 yards

A cubic yard has how many cubic feet? A) 27 cubic feet B) 18 cubic feet C) 9 cubic feet D) 36 cubic feet

27 cubic feet

cubic yard

27 cubic feet

vara

33.5 inches

acre

43,560 sq. ft, 160 sq. rods

An acre contains A) 43,560 square feet. B) 5,280 square feet. C) 320 square feet. D) 640 square feet.

43,560 square feet.

mile

5280 feet, 1760 yards, 320 rods

section

640 acres

square mile

640 acres

A unit of measurement used almost exclusively in farm and ranch deals is the "chain." How long is a chain? A) 50 feet (four rods, 50 links) B) 66 feet (four rods, 100 links) C) Is an obsolete measurement that is no longer used D) 100 feet (eight rods, 250 links)

66 feet (four rods, 100 links)

chain

66 feet, 4 rods, 100 links

A square yard is how many square feet? A) 6 square feet B) 9 square feet C) 12 square feet D) 16 square feet

9 square feet

square yard

9 square feet

A brass plate embedded on the siding of an historical building near the Texas coast contains the words "elevation 30 feet above mean sea level." The brass plate is which? A) A benchmark B) An air lot C) A monument D) A datum

A benchmark

A legal description from the POB thence 90° E, 5280'; thence 0° S, 5280'; thence 90° W, 5280'; thence 0° N, 5280' to the POB outlines which of the following? A) A square B) All of these C) A section D) A parcel one mile square

All of these

Which one of these is NOT a standard unit of measurement used in Texas land transactions? A) Acre B) Furlong C) Rod D) Square foot

Furlong

township line

Lines running east and west parallel to the base line and six miles apart

The following partial description is an example of which method: Beginning at the intersection of the east line of Jones Road and the south line of Skull Drive; then east along the south line of Skull Drive 200 feet; then south 15°, 30' east ...? A) Government survey B) Recorded subdivision plat C) Rectangular survey D) Metes and bounds

Metes and bounds

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? A) Datum B) Boundary C) Monument D) Benchmark

Monument

In any dispute involving the location of boundaries based on monuments, what is the typical resolution? A) Natural monuments take precedent over man-made monuments. B) Man-made monuments take precedent over natural monuments. C) Aerial and even satellite maps that are accurate to within six inches are used. D) A surveyor with a laser guided GPS is called.

Natural monuments take precedent over man-made monuments.

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? A) No, the listing agent must contact the county clerk's office for a deviation in the deed. B) No, the listing agent is not at liberty to change the property line as legally described in the survey. C) Yes, if the shed's location has never been challenged by the property owner (the homeseller), the listing agent may redraw the property line conceding that piece of property to the neighbor. D) Yes, the listing agent may redraw the property line, but first must make sure the homebuyer and the neighbor are aware of the change.

No, the listing agent is not at liberty to change the property line as legally described in the survey.

What land features tend to warp property descriptions in surveys? A) Lakes and rivers, because navigable water ways reduce the amount of usable acreage on a plot of land B) Hills, because the rise and fall of the land actually add more property to the space C) None D) Sink holes and land cracks and ridges, because those features may add or detract from the amount of land in an acre

None

base line

One of a set of imaginary lines running EAST AND WEST and crossing a principal meridian at a definite point, used by surveyors for reference in locating and describing land under the rectangular survey (or government survey) system of property description.

Which is used to describe real estate in urban areas when land is subdivided into lots, blocks, and subdivision numbers? A) Recorded subdivision plat method B) Rectangular survey system C) Government survey system D) Metes-and-bounds method

Recorded subdivision plat method

range

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 ranges

Legal descriptions tend to prefer neat straight lines from point to point, regardless of describing a square, rectangle, triangle or even a smooth circle. When might a property boundary end up being a squiggly line? A) When describing a property line drawn on an old hunting or hiking trail B) When describing a property line drawn down the center of a creek bed C) When describing a property line drawn on a former cow path D) When describing a property line based on rocks that have since been part of a landslide

When describing a property line drawn down the center of a creek bed

The term "sections" is used throughout the real estate industry, and throughout Texas, but is the term of any practical use in urban areas? A) No, sections are too large to be used as a meaningful measurement in urban areas. B) No, "sections" is a term that is not permitted to be used in Texas land sales. C) Yes, section numbers are still key to locating property on maps, even if descriptions eventually are broken down into much smaller units. D) The use of section numbers for the purpose of land transactions is only retained in cities of 250,000 or less.

Yes, section numbers are still key to locating property on maps, even if descriptions eventually are broken down into much smaller units.

In a metes-and-bounds description, N 44° 31' 56" E is A) north, 44 degrees, 31 yards, 56 inches, east. B) north, 44 degrees, 31 minutes, 56 seconds, east. C) north, 44 degrees, 31 seconds, 56 minutes, east. D) north, 44 degrees, 31 yards, 56 feet, east.

north, 44 degrees, 31 minutes, 56 seconds, east.

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 A) township squares. B) sections. C) ranges. D) township tiers.

ranges

survey sketch

shows the location and dimensions of the parcel