Unit 8: Legal Descriptions
datum
A point, line, or surface from which elevations are measured or indicated
an acre contains
43,560 square feet.
A unit of measurement used almost exclusively in farm and ranch deals is the "chain." How long is a chain?
66 feet (four rods, 100 links)
survey sketch
A document that shows the location and dimensions of a property, as well as its legal description
survey
boundaries are measured and land areas are determined
bench marks
permanent references markers used for marking datums
In the metes-and-bounds description reading "beginning at an iron rod set for the corner; thence 90° 0' 0" E 180.0'; thence 0° 0' 0" S 160.0'; thence back to the POB," the parcel identified is
a triangle
One of the basics of pricing land is to express the price
in the same unit in which cost is given - such as per square foot or per acre.
base lines
run east and west
principal meridians
run north and south
Property descriptions by metes and bounds is the oldest method of describing property. As such, property descriptions used today could date back to
when Texas was under the rule of Spain
Each section has an area of approximately
1 square mile
3 basic methods used to describe real estate
1. metes and bounds 2. rectangular government survey 3. recorded subdivision plat
A square foot is equal to
144 square inches
How many acres are in a quarter-section parcel of land
160
a cubic yard is how many cubic feet?
27 cubic feet
How many inches are in a vara?
33 1/3
a square yard how many square feet
9 square feet
What is the effective life of a datum or benchmark?
Datums and benchmarks are considered permanent markers that can be (and have been) used for more than 100 years.
What is a critical problem in using made-made monuments in metes-and-bounds property descriptions?
Humans may move the monuments by mistake or fraud.
In any dispute involving the location of boundaries based on monuments, what is the typical resolution?
Natural monuments take precedent over man-made monuments.
When a surveyor completes a sketch of a parcel of land and has it approved, does that sketch become a legally binding document?
No, the sketch is a very close approximation of the land but the legal description is what is binding.
What two terms are essentially interchangeable in legal property descriptions. They are
POB and POC (point of beginning and point of commencement).
While it is obviously permissible to sell off pieces of a section in a land transaction, is it permissible to blend pieces of sections together?
Pieces of adjoining sections may be combined without restriction so long as the legal description is accurate.
Under what circumstances does a legal land description not return to its point of beginning (POB)?
Property descriptions always return to their POB (closure)
What was the original importance of the school section (Section 16) on a township map?
Revenue from rent or sale of that section was, by law, directed to support local schools.
township squares
When the horizontal township lines and the vertical range lines intersect
Are surveys required in an average real estate transaction?
Yes, most significantly if the buyer has a loan that may be sold on the secondary market.
The term "sections" is used throughout the real estate industry, and throughout Texas, but is the term of any practical use in urban areas?
Yes, section numbers are still key to locating property on maps, even if descriptions eventually are broken down into much smaller units.
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 bench mark
Who is responsible for the preparation of a subdivision plat that must be filed and approved by county officials before lots can be assigned?
a licensed surveyor
recorded subdivision plat
also known as lot-and block -system used for most urban property in texas
township tiers
designated by consecutive numbers north or south of the base line
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
rectangular survey system
government survey method, to standardize the description of land acquired by the federal government -system used in most of the country.
Because each city or town is permitted to establish datums, the elevation point
is decided by the U.S. Geological Survey and is the accurate local measurement of height above sea level in New York Harbor.
The bearing of MOST property boundary lines in Texas is
northbound or southbound
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
Which way of describing real estate uses two sets of intersecting lines that form a grid?
rectangular survey system
improvement survey
shows location, size, and shape of buildings located on a lot
metes and bounds
the actual distance between monuments takes precedence over linear measurements set forth in a description.-points of beginning and monuments
lot-and-block
uses numbers referred to in a plat map
Public Land Survey
which states use metes and bounds and which states use the rectangular survey method for describing property