Property Descriptions

Math problem:

A room measuring 12' by 14' with a ceiling 9' high has a volume of 168 cubic yards. XXX 18.67 cubic yards. 56 cubic yards. correct 504 cubic yards. Incorrect. 12 x 14 x 9 = 1512 1512/27 = 56 OR 12/3 = 4 14/3 = 4.667 9/3 = 3 4 x 4.667 x 3 = 56.004

Township lines

Lines running east-west, six miles apart and parallel to the baseline are called township lines. They are numbered consecutively north and south from the baseline. The area between the township lines running east-west is called a tier or township. Below is an example of the baselines and meridians for the western half of the states:

Real Property

A listing agreement or an offer to purchase real property will normally include the land and anything permanently attached to it (buildings, trees, fences, fixtures, etc.). The description of the real property in an offer to purchase or a deed, however, will be only of the surface of the land and not of all of the improvements and rights appurtenant to the land.

2. Metes and Bounds

A more accurate method of describing the boundaries of a property is provided by a metes (measurements) and bounds (boundaries) description. This method describes the land by providing the measurement and direction (also called course and bearing) of each boundary line. It should contain the specific length and direction of the sides of the property (measured from north and south points to east or west points), a definite point of beginning and definite corners, and should start and finish at the same identifiable point. It begins at a permanent reference point (a point of beginning), which is a monument. If the property is not bounded by this point of beginning, the description will describe the distance and direction from the point of beginning to a corner of the property, called the true point of beginning (TPOB). The description will then describe a line that follows the boundary of the property to the corner or terminal (end) point, at which the direction of the boundary line changes. The word "thence" in a description indicates a shift to a new direction. The distance (in feet, miles, inches, or older forms of measurement such as chains, rods, and links) and direction of each boundary line is shown continuously from one corner to another until the last boundary returns to the true point of beginning, to produce a fully enclosed area. For Example - "That portion of the southwest quarter of section 19, township 12 north, range 4 east, W.M.,in ________ County, _______ State, described as follows: Beginning at the southwest corner of said section 19, thence north 0 06'24" west along the west line thereof, 275 feet; thence north 87 24'45" east 500 feet to the true point of beginning of this description; thence continuing north 87 24'45" east 193.40 feet; thence north 20 29'15" east, 162.12 feet to the southwesterly line of county road; thence north 35 43'25" west along said southwesterly road line, 190.63 feet; thence south 64 08'35" west, 221.00 feet; thence south 15 23'45" east, 227.12 feet to the true point of beginning.

math problem:

A parcel of land measuring 220 yards by 220 yards contains _____ acres. 1.1 XXX 5.0 10.0 correct 302.5 Incorrect. 220 yds. = 660 ft.... 660 x 660 = 435,600 sq. ft.... 435,600 ÷ 43,560 = 10 acres.

Littoral Owners

A property boundary may include a waterway. Owners of property adjoining a river or stream are riparian owners. Owners of property adjoining lakes and oceans are called littoral owners. If the waterway is non-navigable, an adjoining property owner has title to the land to the center of the river or streambed. If the waterway is navigable, the state owns the land under the water between the mean high water marks. Adjoining owners own the land up to the mean high water marks and have a right to reasonable use of the water, secondary to the public's right to use the water for navigational purposes. The metes and bounds method is not brief or simple and may result in errors when copied onto new documents. Also, it may be interpreted differently by different persons; there may be a discrepancy between a line and an angle, or a distance and the location of a monument, resulting in disputes between the parties.

3. Gov Survey Method

A third type of property description is the government survey method (or rectangular survey method, or section and township system). In the late 1700s, the federal government started a survey of all lands except the 13 original states, the New England and Atlantic Coast states, West Virginia, Kentucky, Tennessee, Texas, and Hawaii. Under this system there are 36 fixed points in the country from which separate surveys begin. Through each point runs an imaginary line in a true north-south direction, called a MERIDIAN or PRINCIPAL MEREDIAN, and an imaginary line in a true east-west direction, called a baseline. Parallel to the meridian, running north-south and six miles apart, are range lines. The area between each range line is called a range. Range lines and ranges are numbered consecutively from the meridian. On the west they are Range 1W, Range 2W, Range 3W, etc. On the east are Range R1E, Range R2E, etc.

Airlots

Air space above land may be divided into air lots. Air lots consist of airspace within specified boundaries above a parcel of land. A description of such air space is used for buildings constructed above railroad tracks and for platting condominium units where the owner of each unit will own the air space within the floor, ceiling and walls of his unit. Descriptions of air lots include elevations. Elevations can be measured using benchmarks. These are metal disks set in rock or permanent structures throughout the country by the National Geodetic Survey to precisely measure elevation.

Legal Description

An adequate property description will identify property with absolute certainty so as to avoid litigation or defeat of the parties' purpose. Identification would include location, boundaries and area, so that the parcel can be distinguished from all other land. When the property description enables a disinterested party to segregate the object being described from all other objects of its type, it is called a legal description. An adequate legal description will identify the property so that a court would compel a seller to give, or a buyer to accept, the property.

Using measurements

An agent should know how to use some basic measurements relating to real property, including linear, square, and cubic measurements. -Linear measurements relate to distance and involve one dimension. -Square measurements relate to the area of a surface and result from multiplying two dimensions (length and width). Calculate the area of a square or rectangle by multiplying length by width. Inversely, when the area is known, divide it by the length or width to find the other. The area of a triangle equals the base multiplied by the height divided by two. -Cubic measurements relate to volume and measure the space within a three dimensional figure. Find the volume by multiplying the three dimensions (length, width, and height).

4. Geodesic Survey method

Another method which may be used on occasion is the geodesic survey method. Geodesic surveys are generally thought of as satellite surveys. Geodesic points are determined by the GPS, or global positioning system, using satellites. The aim of geodesy is to determine the form and dimensions of the earth from a geometric viewpoint.

Basic Multiplication Formula

Calculation of area and volume involves basic multiplication formulas, where one number equals the product of other numbers. Here is how to work with any multiplication formula, regardless of the information given. basicmultiplicationformula.JPG The basic multiplication equation is that one number = the product of two others, e.g.: For Example - A rectangular lot containing 8,554 square feet has a width of 47 feet. The depth of the lot: Area = width x ? 8,554 ÷ 47 = 182 ft. A rectangular lot contains 540 square yards and has a frontage of 45 feet. The depth of the lot: 540 x 9 = 4,860 sq. ft. Area = width x ? 4,860 ÷ 45 = 108 ft. An acre divided into four equal rectangular lots, each 200 feet deep. The width of the lot: 43,560 ÷ 4 = 10,890 sq. ft. per lot Area = ? x length 10,890 = ? x 200 10,890 ÷ 200 = 54.45 ft.

Cubic measurements

Cubic Measurements Cubic measurements relate to volume and measure the space within a three-dimensional figure, such as the space within a warehouse. Cubic conversions entail multiplying a conversion number by itself three times. cubicmeasurements.JPG Cubic Conversion Factors 1 cubic foot = 12 x 12 x 12 (1728) cubic inches 1 cubic yard = 3 x 3 x 3 (27) cubic feet To find volume, multiply the area by the height of the object. For Example - A room 30' by 15' with a 9' ceiling would have a volume of 30' x 15' x 9', or 4,050 cubic feet. To convert to cubic yards, divide by 27. 4,050 ÷ 27 = 150

Sections

Each township is divided into 36 sections. A standard section: measures one mile by one mile (5,280 ft. x 5,280 ft.; or 1,760 yd. x 1,760 yd.). contains 640 acres. One acre is 43,560 square feet. If square, an acre has 208.71 feet on each side. are numbered in a special way. They always start with 1 in the northeast corner of the township. The numbering then goes in sequence westerly to Section 6 in the northwest corner, drops to the next row and goes back east. At the end of each row, the next number is directly below the last numbered section. The numbering proceeds, snakelike, to number 36 in the southeast corner of the township. Each section can be divided into quarters. When a section is quartered, each quarter section is described by its position in the section. Therefore, there is a NW ¼, a NE ¼, a SW ¼, and a SE ¼. Each quarter may be divided into quarters or halves, which in turn could be divided as well. The section marked with an "X" above would be described as "the NE ¼ of the NW ¼ of Section 14, T2S, R3E, WM." Descriptions may show the words "of the" or show a comma as an abbreviation of the words "of the."

General Descriptions

General descriptions may be used temporarily when a legal description is not readily available. They may describe the property sufficiently well between the parties, but they are not sufficient to properly identify the boundaries with reference to adjacent lands. These may include a tax lot number assigned to property for the convenience of the assessor. Since this number may change when property is divided, a description using it should refer to the year in which the tax lot number appeared on the assessment rolls or the year of the tax map from which it was taken. A street address may be used to describe the property when a contract is written and in most instances will help identify which property is involved. One can usually obtain a legal description from a title company or from the present owner's deed, mortgage, contract for deed or title insurance policy.

math problem:

If a rectangular lot contains 540 square yards and has a frontage of 45', it would have a depth of 12 yds. 45 yds. 108'. 216'. Correct. Area = 540 x 9 = 4,860 sq. ft. 4,860 = 45 x depth 4,860 ÷ 45 = 108 ft.

Personal Property

If personal property (such as a refrigerator or swing set) is to be included in the transaction, that item must be specifically identified and written in the offer. Specific identification may include the quantity, brand name, model, style, the serial number, the location of the item as of the date of the offer, the color of the item, etc. An extremely cautious person might attach a picture of the item to the contract. Any combination of these methods may be helpful in avoiding any dispute as to what is called for in the contract.

Course Objectives

Objectives Upon completion of this lesson, the student should be able to: Describe the different methods for legally describing real property and how they are applied throughout the United States. -Lot and block -Metes and bounds -Government survey -Demonstrate proficiency in using various land units and measurements.

Markers and Monument System

Parcels that have not been platted may be identified by describing their boundaries. Originally, this was done through what is called the markers and monuments system. A MONUMENT is a fixed object used to establish a real estate boundary. It may be natural (a river or rock formation) or man-made (a fence, building, or iron stake placed by a surveyor). It may be tangible (a point established by another surveyor) or intangible (the centerline of a street). For Example - "Being all that parcel of land bounded on the north by the white picket fence of Samuel Johnson, bounded on the east of Horseshoe Lane, bounded on the south by the barbed wire fence of Elizabeth Hansen, up to the tall pine tree where Peter Smith was hung, and then along the stone fence back to Farmer's Lane, and bounded on the west by Farmer's Lane, containing five acres, more or less."

Square measurements

Square measurements relate to the area of a surface. They result from multiplying two dimensions. Inches x inches = square inches; feet x feet = square feet, etc. For square measurement conversions, the conversion numbers must be squared. Square Conversion Factors 1 square foot = 144 (12 x 12) square inches 1 square yard = 9 (3 x 3) square feet 1 acre = 43,560 square feet 1 square mile = 640 acres

Property survey methods

The best means of describing real property is to use a description based on a survey, so that the location is completely enclosed by surveyed boundaries. There are three types of property survey methods commonly found on deeds, preliminary title reports, and title insurance policies: -Lot and block (or recorded plat) -Metes and bounds -Rectangular (or government) survey

Math problem:

The excavation for a basement must be 20' wide by 49' long by 5' deep. What is the total cost to the owner if the rate is $3.81 per cubic yard of earth removed? $295.04 XXX $396.42 $525.72 $691.44 (correct) Incorrect. Cost = (20 x 49 x 5) ÷ 27 x $3.81 = $691.44 Note: divide by 27 to change cubic feet to cubic yards.

Townships (divided into sections)

The intersection of range lines and township lines creates squares called townships. The north-south boundaries of townships are created by townships lines and the east-west boundaries are created by range lines. A township is 6 miles by 6 miles (6 miles square) or 36 square miles. Each township is identified by its township, range and meridian. T2S, R3W, WM would be the second tier south and the third range west of the meridian. (WM, the Willamette Meridian, is the principal meridian in this example.)

1. Lot and Block (recorded Plat method)

The lot and block method is the shortest, easiest, and simplest method to describe real property. It is most commonly used in highly populated areas. It describes parcels in platted subdivisions by referring to the recorded plat (map) for the subdivision. Hence, it may be referred to as the recorded plat method. When a tract of land is subdivided, a surveyor divides the property into streets, blocks and lots. A subdivision plat, showing the divisions, is recorded in the county or city in which the property resides and is available for public inspection. It contains a name or number for the subdivision. It shows the location name and width and centerline of each street. It shows the blocks and lots. The blocks are groups of contiguous or adjoining lots bounded by streets, physical barriers or other parcels of land. The blocks are divided into lots. These are the smallest parcels of land intended to be conveyed as a unit to a purchaser. Each lot and block is numbered. Once the entire subdivision is platted, the legal description of the property is written as the lot number, block number, the name of the subdivision, and the county and state in which the subdivision is located. For Example - "Lot 7, Block 3, Section 2, Sunnyside Acres, Any County, Your State." The description may also refer to the book and page number of the county records in order to facilitate locating the records. So, the description may state, "as platted and recorded on page 42 of book 23, Any County, Your State, Plat Records."

Surveying methods

The lot and block method, also called the recorded plat method, is the shortest, easiest, and simplest method to describe real property. In urban and suburban areas, a surveyor divides the property into streets and blocks, divides blocks into lots, and gives each lot and block a number. A lot is the smallest parcel of land intended to be sold as a unit to a purchaser. A subdivision plat, or map, is then recorded in the county or city in which the tract is located and is available for public inspection. The lot and block description identifies the parcel by lot number, block number, the subdivision name, and the county and state. A metes and bounds description is a method of describing a property by showing its "metes" (measurements) and "bounds" (boundaries). It uses angles, terminal points and established lines to describe the property. The first step in the process is to locate a permanent reference point, called a point of beginning. This is a monument, which may be tangible or intangible (not visibly identifiable). If the property is not bounded by this point of beginning, the description describes the distance and direction to a corner of the property, called the true point of beginning. A third type of property description is the government (also called rectangular) survey method. This system applies to all of the contiguous western states and most of the midwestern states. It is used primarily when describing large parcels of land. Under the government survey method there are 36 fixed points in the country from which separate surveys begin. Through each point runs an imaginary line in a true north-south direction, called a meridian or principal meridian, and an imaginary line in a true eastwest direction, called a baseline. Range lines run north-south, parallel to the meridian, six miles apart. The area between each range line is called a range. Township lines run east-west, parallel to the baseline, and are also six miles apart. Range lines and township lines intersect to create townships that are six miles by six miles. Each township is divided into 36 sections. They are numbered snakewise, with the section in the upper right hand corner of the township numbered 1 and the section in the upper left hand corner numbered 6. Section seven is below 6, and section 12 is below 1 and to the east of 11. A standard section is a square measuring one mile by one mile (5,280 feet by 5,280 feet) and contains 640 acres. One acre is 43,560 square feet. Each section can be divided into quarters. To read a description for a parcel, read from left to right. To find the location of a parcel, read the description from right to left, as you would look for a street address. To determine the size of a parcel, calculate from right to left, starting with 640 acres in a section. Therefore, S½, NE¼, SW¼, Section 25 is 640 ÷ 4 ÷ 4 ÷ 2 = 20 acres. Another way to legally describe property is to make reference to the description of the property contained in a recorded document. General descriptions may also be used temporarily to describe the property when a legal description is not readily available. These include the street address and the tax lot number assigned to property for the convenience of the assessor.

Calculating area of square or rectangle

To calculate the area of a square or rectangle (figures with four sides at 90 angles to each other), multiply length by width. Area = Length x Width For Example - To calculate the area of a square parcel of land with 1,320 feet on a side: Multiply 1,320 x 1,320 = 1,742,400 sq. ft. To convert to acres, divide by 43,560 = 40 acres To calculate the number of acres contained in an area measuring 220 yards by 220 yards: Multiply 220 x 220 = 48,400 sq. yd. To convert to sq. ft., multiply 48,400 x 9 = 435,600 sq. ft. To convert to acres, divide by 435,600 by 43,560 = 10 acres To calculate the rent per year for office space with dimensions of 30 feet by 40 feet leased for $14.50 per square foot per year: Determine the sq. ft. and multiply by $14.50 30 x 40 = 1200 sq. ft; 1200 x $14.50 = $17,400 per year The rent per month would be $17,400 ÷ 12 = $1,450 To calculate the sales price of a tract of land 1,320 feet by 440 yards (if $500 per acre): Find the number of sq. ft. and convert to acres First convert 440 yards to feet: 440 x 3 = 1,320 ft. Then multiply 1,320 by 1,320 to determine sq. ft.: 1,320 x 1,320 = 1,742,400 sq. ft. Divide by 43,560 to get the acreage: 1,742,400 ÷ 43,560 = 40 acres Then multiply by $500: 40 x 500 = $20,000

How to read Lot and Block

To understand directions, picture a circle at the beginning of each line, with the point at which the line starts being the center of the circle. A circle has 360 degrees (360). Each degree has 60 minutes (60'). Each minute has 60 seconds (60"). N 1535' 30" E is "North 15 degrees, 35 minutes, 30 seconds East." NOTE: Do not confuse these marks (' and ") with feet and inches, although they are written the same. On a plat, the direction of a boundary line depends on where the surveyor started.

Triangles

Triangles A second area formula to remember is for the area of a triangle (a figure with three straight sides and three angles). Each triangle has a base and height, i.e., any two sides that come together at a 90angle. In some cases the height is an imaginary line, as none of the actual sides are at 90 to each other. The area of a triangle equals the base x the height divided by 2. Area = base x height 2 For Example - A rectangular tract of land is divided diagonally by a stream, leaving two lots in the shape of right triangles. To calculate its acreage, if one lot has a street frontage of 400 feet and a depth of 680 feet: Multiply 400 x 680 = 272,000 sq. ft. Because it's a triangle, divide: 272,000 ÷ 2 = 136,000 sq. ft. Convert to acreage, by dividing: 136,000 ÷ 43,560 = 3.12 acres

Statute of Fraud

When writing a listing agreement or sales contract, a real estate agent must include a description of the real and personal property involved. As a result of the Statute of Frauds, all elements in a real estate contract, including a description of the property, must be in writing. Parol evidence (oral testimony) may be used to identify the described land, but not to provide the actual description. If the written agreement and admissible oral testimony do not enable a surveyor to locate the property and establish its boundaries, the contract may be void.

REVIEW: Property Descriptions

When writing a listing agreement or sales contract, a real estate agent must include a written description of the real and personal property involved. When the property description enables a disinterested party to segregate the object being described from all other objects of its type, it is called a legal description. An adequate legal description clearly identifies the property so that a court could compel a seller to give, or a buyer to accept, the property. The best means of describing real property is to use a description based on a survey so that the location is completely enclosed by the surveyed boundaries. The three types of property survey methods commonly used are 1) lot and block (or recorded plat), 2) metes and bounds, and 3) rectangular (or government) survey. Such descriptions may be easily obtained from deeds, preliminary title reports and title insurance policies.

Linear Measurements

With this information, you can calculate the perimeter of a parcel of land. The perimeter is the distance around a parcel. To calculate perimeter, just add the length of the sides. For Example - A 100' x 200' parcel is a rectangle with 2 sides of 100' and 2 sides of 200'. 100 + 100 + 200 + 200 = 600 feet. 600 ÷ 3 = 200 yards. If fencing around the parcel costs $5 per yard, the fencing cost is $5 x 200 yards = $1,000. You can also calculate cost per front foot. A front foot is one foot along the frontage of a lot. (The depth of a lot is the distance from the front to the back of the lot.) For Example - A lot measures 80' x 120' and costs $200 per front foot. The first dimension given is always the frontage. Therefore, the lot costs $200 x 80 front feet, or $16,000.

Linear Measurements

You should know basic linear, square and cubic measurements relating to real property. Linear measurements relate to distance. They involve one dimension. Common linear measurements are inches, feet, yards, and miles. In working with these measurements, you may have to convert them. To do so, you need to remember a conversion factor. Linear Conversion Factors 1 foot = 12 inches 1 yard = 3 feet 1 mile = 5,280 feet To Convert Smaller Units of Measurement to a Larger One