Level 4 Chapter 1: Basic Legal Description Methods Flashcards
(15 cards)
Legal Description
Description of a property that is distinct and precise enough to distinguish it from all other properties. These descriptions can be used by courts to clarify any disputes about the property that may arise.
That means that a sales contract must contain a legal property description that uniquely identifies the property involved in the transaction.
Survey
The process and physical product of finding and measuring the boundaries of a piece of real estate, including the location of improvements, encroachments, and easements. (Improvements are permanent, human-made additions to the property.)
3 Types of Determining Property Boundaries
- Metes and bounds
- Lot and block
- Rectangular survey system
Metes and bounds
A land survey process in which a licensed land surveyor starts at a readily identifiable point of beginning and defines the boundaries of a property in terms of distances and compass directions, finally returning to the point of beginning. Metes refers to the distance measurements used in the description. Distances are often expressed in feet. Bounds are the compass directions used in creating the boundaries that enclose a parcel of real estate. You remember those, right? North, east, south, and west.
Point of beginning (POB)
An established starting point, often located on a road, from which the description begins.
Monuments
Used as points of beginning or markers for the metes and bounds system. Monuments are fixed landmarks, either natural or human-made. Natural monuments can include things like streams, large boulders, or trees. Natural monuments were very commonly used in the early days of surveying.
Benchmarks
Surveyors may also opt for using more permanent markers as reference points, permanent markers of known location and elevation as established by a government survey team. The locations of benchmarks are extremely accurate, usually to less than an inch.
Lot and Block
Sometimes called the subdivision plat or recorded plat method (gotta keep things fresh!). It’s a type of legal description that identifies a piece of platted property by referring to the section, lot, and block numbers in a subdivision
Plat
A drawing of a development used in the block and lot method
Parcel
A part or portion of land; often used to identify a specific lot within a larger tract of property
Lot
Individual piece of land measured and defined by the metes and bounds system
Block
A collection of lots
Tract
The totality of the property represented on a plat
Recorded plat method
Describes property by referring to a lot and block number within a recorded subdivision map (also called a plat).
Reference to a plat
A description on a deed that includes the property’s location on a plat map