Chapter 8 Legal Descriptions

Cadastral land survey

-A detailed survey with more information -Shows exactly where boundaries, easements, and property lines are located -Surveyors typically go to the property and make real-time measurements. Measurements are compared with archived land records to create a complete picture of what is located where

What are the different types of surveys

-Boundary survey -Location survey -Topographic survey -Site planning survey -Subdivision survey -Construction survey -Geographic positioning system (GPS) -ALTA/ACSM survey

A legal description is required for:

-Public recording -Creating a valid deed of conveyance or lease -Completing mortgage documents -Executing and recording other legal documents

House location survey

-Sometimes called a drive-by survey -Designed to show the location of the house and other large structures on the property, as well as the orientation of those structures in relation to each other -Gives property owners a sense of what is present and where

The three accepted methods of legally describing parcels of real estate are:

1. Meters and Bounds 2. Rectangular Survey System 3. Lot and Block Method

Sq. foot

144 sq. inches

Rod

16.5 feet; 5.5 yards

Cu. Yard

27 cu feet

Vara

33 1/3 inches (This measurement is specific to Texas real estate and is used according to Texas statute).

How many sections are in the township, according to the rectangular survey system?

36

Acre size

43,560 sq. feet; 160 sq. rods

Acre

43,560 square feet. There are 640 acres in a section and each quarter section consists of 160 Acres. To calculate total acreage of any piece of land, take the square footage and divide it by the total square feet in an acre.

Mile size

5,280 feet; 1,760 yards; 320 rods

Section size

640 acres

Sq. Mile

640 acres

Chain

66 feet; 4 rods; 100 links

Sq. yard

9 sq feet

What type of survey is often used as a base to design future improvements?

A boundary and topographic survey

What is the definition of a legal description?

A description 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.

Aliquot part

A hierarchy reference to a piece of land, in which successive subdivisions of some larger area are appended to the beginning of the reference. Using the smallest part first to find the location. For example, SW1/4 NW1/4 S13, T1SR20E refers to the southwest quarter of the northwest quarter of section 13 of Township 1 South Range 20 East (a 40-acre parcel).

Construction Survey

A land survey that provides points and elevations for building civil engineering projects. Often called engineering survey.

What situations require a legal description?

A legal description is required for: -Public recording -Creating a valid deed of conveyance or lease -Completing mortgage documents -Executing and recording other legal documents

Legal Description

A legal description of real property is 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.

Location Survey

A location survey is a boundary survey with the additional location of all the interior improvements.

Mile

A mile is 5,280 linear feet. Each Township in the Rectangular (Government) Survey System is six Square miles (31,680 X 31,680 linear feet). There are 36 one(1) mile square sections in each township.

Township

A township is the area enclosed by the intersection of two consecutive meridians and two consecutive parallels. Since the parallels and meridians are six miles apart, a township is a square with six miles on each side. Therefore, its area is 36 square miles

parallels of latitude

Also called Township lines. imaginary horizontal lines, running east to west, that measure the distance north and south of the Equator

rectangular survey system

Also called the Public Land Survey, the system was used by the US Land Office Survey to parcel land west of the Appalachian Mountains. The system divides land into a series of rectangular parcels.

Benchmark

Although monuments are frequently used as reference points for a datum, their location can easily be altered either by the force of nature or through vandalism. Therefore, surveyors generally use benchmarks, which are permanent reference points of brass markers set in solid concrete or an asphalt base that are used principally for marking a datum. All large cities have their own official local datum for easier reference by their surveyors.

In a rectangular survey system, parallels run which direction?

East and west

Calculate the acreage for the NW ¼ OF THE S/W ¼ OF THE N/E ¼ OF SECTION 27, TIER 2S, RANGE 3E.

Every section has 640 acres. Step 1: Calculate acreage in the NW ¼ 640 ÷ 1/4 or by 4, which equals 160 acres. Step 2: Calculate acreage in the SW ¼ 160 ÷ 1/4 or by 4, which equals 40 acres. Step 3: Calculate acreage in the NE ¼ 40 ÷ 1/4 or by 4, which equals 10 acres.

Fractional Section

Fractional sections that are more or less than 1 square mile may be created for reasons other than the fact that the meridians are not exactly parallel (requiring adjustment for the curvature of the earth), which often occurs because the rectangular survey was done by separate crews working independently, resulting in gaps of less than 6 miles between the different surveyed areas. Fractional sections can also be caused by physical difficulties in surveying the land, because, for instance, some of it was submerged in water or because a township boundary was circumscribed by a state boundary line. Areas smaller than full quarter sections of 160 acres are called government lots.

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.

What are the characteristics of a subdivision plat map?

It must comply with local surveying standards and ordinances

What type of survey is a boundary survey with the additional location of all the interior improvements?

Location survey

Meridians

Meridians, also called Range Lines, run north and south. A principal meridian is the single designated meridian for identifying townships in the principal meridian's geographical "jurisdiction." There are 37 principal meridians in the national survey.

The British developed what type of land survey system?

Metes and bounds

The following description would be an example of what type of land survey? "Beginning at an iron pipe marked A, common to the southwest corner of Section 14 and the northeast corner of Section 15, and thence running South 8 degrees 15 minutes East 75 feet to a pipe marked B, thence North 78 degrees 27 minutes East 34 3/10 feet to a pipe marked C, thence North 11 degrees 28 minutes West 74 9/10 feet to a pipe marked D, thence South 78 degrees 27 minutes West 30 2/10 feet to the place of beginning containing 2410.7 square feet, more or less."

Metes and bounds

What land survey system relies on point of beginning (POB)?

Metes and bounds

Public Land Survey System (PLSS)

Method traditionally used over the largest part of the United States to survey and classify land parcels. Occasionally referred to as the rectangular survey.

Parallels

Parallels, also called Township lines, run east and west. A base parallel or base line is the designated line for identifying townships. There is a base parallel for each principal meridian.

When did the Public Land Survey System begin?

Shortly after the American Revolution when the federal government became responsible for issuing large areas of land to soldiers in reward for their services as well as selling land to raise money for the country.

Datums

Standard elevation reference points. They have been established throughout the country.

What does Texas law require in order to record a plat with the county?

That all taxes, both current and delinquent, be paid

Which regulation requires that a licensed surveyor record condominium plats showing elevation of floor and ceilings along with the outside boundaries?

The Texas Uniform Condominium Act

Metes and Bounds

The description always identifies an enclosed area by starting at an origination point, called point of beginning (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.

Tier

The east-west area between two parallels is called a tier, or a township strip. A tier is identified by its relationship to the base parallel. All tiers are six miles wide.

Monumentation

The establishment of permanent on-the-ground objects that mark exact locations of surveyed points and lines.

Rectangular Survey System or Government Survey Method

The federal government developed this method. They wanted to simplify and standardize property descriptions as a replacement for the complicated and often inaccurate metes and bounds method.

Point if Beginning (POB)

The metes and bounds description always identifies an enclosed area by starting at an origination point, called point of beginning (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.

Range

The north-south area between consecutive meridians is called a range. A range is identified by its relationship to the principal meridian. All ranges are six miles wide.

What must a surveyor know to describe a property located above or below the earth's surface?

The property's elevation

Calculate the acreage from the following Metes and Bounds Description: From the point of beginning, head SW for 440 feet, thence continue NW for 780 feet, thence NE for 440 feet and return to the Point of beginning.

The question describes a rectangle. You will need to multiply width X length then divide by 43,560 (total square feet in an acre). You will multiply 780 feet x 440 feet which equals 343,200 square feet and then divide it by 43560 (number of square feet in an acre) which gives you the correct answer of 7.878 (rounded off to 7.88)

Section

The rectangular survey system divides a township into thirty-six squares called sections. Each side of a section is one mile in length. Thus the area of a section is one square mile, or 640 acres.

House Location Survey

This is sometimes called a drive-by survey. It is designed to show the location of the house and other large structures on the property, as well as the orientation of those structures in relation to each other. It gives property owners a sense of what is present and where.

Lot and Block System

This is used to describe properties in residential, commercial, and industrial subdivisions. It is also called the recorded plat method. 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.

Texas Uniform Condominium Act.

This requires that a licensed surveyor record condominium plats showing elevation of floor and ceilings along with the outside boundaries, using a datum for a reference point.

Subdivision Surveys

This survey often includes a topographic survey of a parcel of land. That will be divided into two or more smaller tracts, lots, or an estate division. It can also be used for site design of lots, streets, and drainage. This survey is for construction and recording.

Site Planning Survey

This survey uses a boundary and topographic survey as a base to design future improvements. Including: -Houses -Residential subdivisions -Stores -Shopping centers -New streets or highways -Playgrounds

Elevation

To describe property located above or below the earth's surface, such as the air rights of a condominium, a surveyor must know the property's elevation.

Calculate the acreage for a piece of property that commences at the monument at Calcutta Road North 375 Feet to the barn at Spencer's pond Southwest 670 feet to Tiger Creek, thence East 450 feet to the point of beginning

To do this, you will draw out the problem as a triangle. The formula to determine the area of a triangle is Base x Height/2 Base= 450 ft Height = 375 ft (Base (450 ft) x Height (375 feet) = 168,750 feet )/2= 84,375 sq ft. To figure the total acreage, you would divide the 84,375/43,560 = 1.94 acres

Cadastral Land Surveys.

Typically contain much more information, showing exactly where boundaries, easements, and property lines are located. Surveyors typically go to the property and make real-time measurements, which are compared with archived land records to create a more complete picture of what is located where.

lot and block system

Typically residential, commercial and industrial subdivisions. A system for the legal description of land that refers to parcels' lot and block numbers, which appear on recorded maps and plats of subdivided land; may also be used for assessment maps.

Residential Surveys

Usually the most common surveys and come in two basic forms: a house location survey and a cadastral land survey.

When are property surveys most often conducted?

When land is being sold

Guide Meridians. A Guide Meridian or Government Check

is also applied to the Rectangular (Government) Survey System to allow for the curvature of the Earth. Adjustments are made every 24 miles on the meridian line guided by the tier. A monument is often posted for the guide meridian.