Chapter 8 - Legal Descriptions Flashcards
Legal Description
An exact way of describing real estate in a contract, deed, mortgage, or any other document that will be accepted by a court of law.
Generally ascertained through a survey. To be prepared not through salespersons/brokers
Survey
The process of precisely determining the area, dimensions, and location of a piece of land.
Surveyed on a ‘flat plain basis.’ describes and provides a sketch of the parcel.
Improvement Surveys reflect the buildings/man made objects on the property (house, fence, etc)
Three Methods to Describe Real Estate
1) Metes and Bounds
2) Governmental Survey Method (Rectangular Method)
3) Recorded Subdivision Platt (Lot and Block)
Metes and Bounds
generally the first (oldest) form in Texas
describes the property around the perimeter the property in terms of boundaries, directions, and distance (and the land includes everything within)
typically starts at a section corner that is referenced at in the original survey then sets out the direction/distance to the next point - always ends where it begins
a point is something identifiable (trees, rock, iron rod, etc..)
Bench Mark
A monument used to establish the elevation of the point, usually relative to Mean Sea Level, but often to some local datum. (permanent object) helps simplify surveyor’s work (ex: top of fire hydrant)
Monument
A fixed object and point established by surveyors to establish land locations (Tree, stream, but generally man made objects; post, stakes, Iron pipes) - metes and bounds
Government Survey Method
A method of specifying the location of a parcel of land using prime meridians, base lines, standard parallels, guide meridians, townships and sections.
Created by congress in 1785. Uses the two following:
Principal Meridians: North & South (degrees)
Baseline: East & West (degrees)
The state of Tx does not use this method, unless under specific instance
Principal Merididans
Imaginary north-south lines which intersect base lines to form a starting point for the measurement of land.
Base Lines
Imaginary east-west lines which intersect meridian lines to form a starting point for the measurement of land.
Range
A strip or column of land six miles wide, determined by a government survey, running in a north-south direction, lying east or west of a principal meridian.
Range Lines
A series of government survey lines running north and south at six-mile intervals starting with the principal meridian and forming the east and west boundaries of townships.
Parallel to Principal Meridians
Township Lines
In the survey of public lands of the United States, a territorial subdivision six miles long, six miles wide and containing 36 sections, each one mile square, located between two range lines and two township lines.
Parallel to Base Lines
Township Squared is the basic unit of measurement for govt. survey system
23,040 Acres in a Township Square
36 square Miles
Township Square
The unit of measurement for the gov’t survey system. Resultant of Range and Township lines
36Miles; 23,040 Acres
36 Sections; Each section is 1 square mile, 640 acres
Datum
The Mean Sea Level at New York Harbor
type of measurement system used in determining the height of structure
Rod
Equal to 16-1/2’ or 5-1/2 yards.
