Chapter 8 Legal Descriptions

Fractions of a section

A section of a township can be divided into fractions as the next exhibit shows. The most significant fractional dimensions of a section are: Fraction Acres Feet X Feet 1 section 640 acres 5280 X 5280 1/2 section 320 acres 5280 X 2640 1/4 section 160 acres 2640 X 2640 1/8 section 80 acres 2640 X 1320 1/16 section 40 acres 1320 X 1320 1/32 section 20 acres 660 X 1320 1/64 section 10 acres 660 X 660

benchmarks

In many cases it is impractical for a surveyor to rely on a single datum for an entire surveying area. To simplify matters, surveyors have identified local elevation markers, called benchmarks, to provide reference elevations for nearby properties. Once a benchmark is registered, it provides a valid reference point for surveying other elevations in the immediate area.

datums

Standard elevation reference points

Check (quadrangle)

The 24-by-24-mile square created by the intersection of guide meridians and standard parallels

township

the area enclosed by the intersection of two consecutive meridians and two consecutive parallels

base parralel (base line)

the designated line for identifying townships. There is a base parallel for each principal meridian.

principle meridien

the single designated meridian for identifying townships in the principal meridian's geographical "jurisdiction." There are 36 principal meridians in the national survey.

Accepted Methods of Legal Description

1. metes and bounds 2. rectangular survey system, or government survey method 3. recorded plat method, or lot and block method Since the metes and bounds method preceded the inception of the rectangular survey system, the older East Coast states generally employ metes and bounds descriptions. States in the Midwest and West predominantly use the rectangular survey system. Oklahoma uses both the metes and bounds system and the lot and block system.

Uses of Legal Description

1. public recording 2. creating a valid deed of conveyance or lease 3. completing mortgage documents 4. executing and recording other legal documents In addition, a legal description provides a basis for court rulings on encroachments and easements.

Rectangular Survey System (government survey system)

Developed by the government to simplify and standardize property descriptions as a replacement for the cumbersome and often inaccurate metes and bounds method. The system was further modified to facilitate the transfer of large quantities of government-owned western lands to private parties. The rectangular survey system works well for describing properties that are square or rectangular in shape, since these can be described as fractions of sections. However, for an irregular shape, such as a triangle, the rectangular system is inadequate as a method of legal description. The full description has to include a metes and bounds or lot and block description.

guide meridien

Every 24 miles east and west of a principal meridian is a guide meridian (not indicated in the exhibit) that is used as a correction for the curvature of the earth. Common meridians are approximately six miles apart, measuring from a guide meridian, and form the east and west boundaries of the townships.

correction line (standard parralel)

Every 24 miles north and south of a base parallel is a correction line or standard parallel that is used, with the guide meridians, as a correction for the curvature of the earth. Common parallels are six miles apart, measuring from a standard parallel. These form the north and south boundaries of the townships.

Describing a fraction of a section

In the exhibit, the area marked "A" is one quarter of Section 8, located in the section's southeast corner. Its legal description first indicates its location (SE) in the next larger unit, in this case, the section. Second, the description states the fractional portion (1/4) of the next larger unit. Third, the description identifies the next larger unit, Section 8, and ends. Thus, the description is: The SE 1/4 of Section 8 The area marked "B" consists of the western half of the northwest quarter of the section. Its legal description is: The W 1/2 of the NW 1/4 of Section 8 Area C consists of the eastern half of the northeast quarter of the northeast quarter of the section. Its legal description is: The E 1/2 of the NE 1/4 of the NE 1/4 of Section 8 In sum, the method of describing a fraction of a section is: Proceed from the smallest unit to the largest, ending with the section. First name the location of the unit within the next larger unit, then its fraction of the next larger unit. Repeat step (2) until you reach the section itself. Give the section number.

Identifying a township

Individual townships are identified by their tier and range identification taken together, with the tier designation named first. For example, a township two tiers south of the base line and three ranges east of the principal meridian would be denoted as "T2S, R3E."

Description Format (recorded plat map)

The description of a recorded plat property first presents the property's lot number or letter, then the block identifier and the subdivision name. Note that this is only a portion of the full legal description, which must describe the subdivision's location within a section, a township, a county, and a state. For example, if the subdivision in the exhibit is situated in the southeast quarter of Section 35 of Township T28S, R19E, of the Tallahassee Principal Meridian, the legal description of the lot marked "7" would be: "Lot 7, Block 8 of the Grand Oaks Subdivision of the SE 1/4 of Section 35, Township T22S, R14E of the Tallahassee Principal Meridian in Pinellas County, Florida."

tier (township strip)

The east-west area between two parallels

parralels

The east-west, latitudinal lines are called parallels, each of which are six miles apart.

range

The north-south area between consecutive meridians

Meridiens

The north-south, longitudinal lines on the survey grid

Subdivision Plat Map

The recorded plat method, also called the lot and block system, is used to describe properties in residential, commercial, and industrial subdivisions. Under this system, tracts of land are subdivided into lots. The entire group of lots comprises the subdivision. In a large subdivision, lots may be grouped together into blocks for ease of reference. The entire subdivision is surveyed to specify the size and location of each lot and block. The surveyor then incorporates the survey data into a plat of survey, or subdivision plat map, which must comply with local surveying standards and ordinances.

sections

The rectangular survey system divides a township into thirty-six squares called ________. Each side of a section is one mile in length. Thus the area of a section is one square mile, or 640 acres. As the next exhibit illustrates, the sections in a township are numbered sequentially starting with Section 1 in the northeast corner, proceeding east to west across the top row, continuing from west to east across the next lower row, and so on, alternately, ending with Section 36 in the southeast corner.

Converting Section Fractions To Acres

The size in acres of a subsection of a township is a fraction of 640 acres, since there are 640 acres in a section. For example, the acreage of a quarter section is one quarter of 640, or 160 acres. One half of that one quarter is 80 acres. A quick method of calculating the acreage of a parcel from its legal description is as follows: (1) Multiply the denominators of the fractional descriptions together. (2) Divide 640 by the resulting number. For example: SE 1/4 of a Section = 640/4 = 160 acres W 1/2 of the NW 1/4 of a Section = 640/ (2 x 4) = 80 acres E 1/2 of the NE 1/4 of the NE 1/4 of a Section = 640/(2 x 4 x 4) = 20 acres

Metes and Bounds

identifies the boundaries of a parcel of real estate using reference points, distances, and angles. The description always identifies an enclosed area by starting at an origination point, called point of beginning, or POB, and returning to the POB at the end of the description. A metes and bounds description must return to the POB in order to be valid. A metes and bounds description begins with an identification of the city, county, and state where the property is located. Next, it identifies the POB and describes the distance and direction from the POB to the first monument, and then to subsequent monuments that define the property's enclosed perimeter. The last part of the description describes the distance and direction of the last monument to the point of beginning.

legal description of real property

one which accurately locates and identifies the boundaries of the subject parcel to a degree acceptable by courts of law in the state where the property is located. The general criterion for a legal description is that it alone provides sufficient data for a surveyor to locate the parcel. A legal description identifies the property as unique and distinct from all other properties.

Metes

refers to distance and direction

Bounds

refers to fixed reference points, or monuments or landmarks which may be natural or artificial. Natural landmarks include trees, rocks, rivers, and lakes. Artificial landmarks are typically surveyor stakes.