UNIT 8: LEGAL DESCRIPTIONS Flashcards
(26 cards)
Why isn’t a street address like “1546 East Main Street” enough for legal documents?
Because street addresses are not precise or permanent enough for legal ownership—they can change or be duplicated.
How many forms of legal property description are used in the U.S.? What are they?
Three
1. Metes and Bounds
2. Rectangular Survey
3. Lot and Block
Which legal description system is NOT used in Texas? Why discuss it?
The Rectangular Survey is not used in Texas, it is discussed because all states surrounding Texas use this
method of legal description and you may encounter it in cross-border transactions or national documents
What does this unit (passage) explain overall?
How land is identified and measured, and the three legal description systems used in the U.S.
What are some examples of documents that require that property be identified by a legally sufficient description.
Deeds and sales contracts, any documents affecting the ownership of land
What is a legal description?
An official and precise way of identifying real estate in legal documents like deeds and contracts that is acceptable in court.
Legal documents like:
Deeds
Sales contracts
Mortgages
Leases
How are legal descriptions ascertained?
They are generally ascertained through a survey (land survey)—
the process of precisely determining the area, dimensions, and location of a piece of land.
How are legal descriptions considered legally acceptable by most courts.
If a qualified and competent surveyor can locate it using the legal description, it is considered sufficient.
What is the purpose of a land survey?
To determine the area, dimensions, and location of a piece of land with precision.
Is a street address enough for a legal description?
No, it can help identify a property casually but not for legal purposes.
What phrase is often used to include a street address in legal documents?
“…commonly known as [street address]”
Why should the same legal description be used in all future transactions?
To avoid errors, legal issues, and confusion by keeping the property history consistent. assuming that the average parcel of land has been conveyed and transferred many times in the past.
What is an essential element of a valid real estate sales contract and of a deed?
To make a real estate sale or transfer legally valid, An accurate description of the land being conveyed
Must be described clearly enough that anyone (especially a court) knows exactly which land is being sold.
What are the three basic methods used to describe real estate in the United States? Which one does Texas mainly use?
(1) metes and bounds
(2) rectangular (government) survey
(3) recorded subdivision plat (lot and block).
Texas mainly uses metes and bounds because of its unique history.
What does the Metes and Bounds system describe?
Land boundaries using distances and directions, starting at a known point.
🧠 Hints:
Uses directions and distances (compass points NESW, feet, degrees)
Starts at a point of beginning and returns to it
Often found in rural or irregular-shaped properties
“Beginning at the northwest corner of the lot, thence S 89°15′ E, 300 feet to a marked oak tree; thence S 0°30′ W, 150 feet to a creek; thence N 89°15′ W, 300 feet; thence N 0°30′ E, 150 feet to the point of beginning.” This is an example of which description and how do you know?
This is Metes and Bounds because it uses compass directions, degrees, and distances.
The original land grants in Texas were described using the metes and bounds system. Why?
Because Texas has been under four different governments in history:
- Spain
- Mexico
- Republic of Texas
- United States (since 1845)
When did the term “section” (used
to designate a unit of land in surveying and laying out the state’s public lands) began getting used in Texas? How does this affect Texas?
During the sovereignty of the Republic
of Texas (1836–1845) and after the formation of the State of Texas.
It’s part of the rectangular survey system, even though Texas doesn’t use that system much now.
- Some areas in Texas may still use sections due to old surveying practices. Some parts of Texas (like in the Panhandle) may still mention sections when dealing with public lands.
What does the Rectangular (Government) Survey describe?
🧠 Hints:
Uses words like Township, Range, and Section
Based on a grid system
Common in most states except Texas and the original 13 colonies
“The NE 1/4 of the SE 1/4 of Section 10, Township 4 North, Range 2 West, 6th Principal Meridian.” Which legal description is this and how do you know?
✅ This is Rectangular Survey because it mentions:
A section (Section 10)
Township and Range
A Principal Meridian
What does the Recorded Subdivision Plat (Lot and Block) describe?
🧠 Hints:
Uses lot numbers, block numbers, and subdivision names
Refers to a map (plat) filed with the county
Very common in cities and neighborhoods
“Lot 12, Block C, of Highland Park Subdivision, as shown on the plat recorded in Volume 200, Page 45, of the Plat Records of Travis County, Texas.” Which legal system description is this and how do you know?
✅ This is Lot and Block because it refers to:
A specific lot and block
A named subdivision
A recorded plat map
What does the Reference to a Previously Recorded Document describe? When is it valid?
There’s a 4th way to legally describe property:
➡️ By referencing an old, already-recorded document that describes the property.
Mentions a prior deed, survey, or document already recorded
BUT this only works if:
The property hasn’t changed since that document was recorded.
❌ No one split the land (partial sale)
❌ No one added more land to it (acquisition)
“Being the same property described in Deed recorded in Volume 312, Page 98 of the Deed Records of Tarrant County, Texas.” Which legal description is this and how do you know?
✅ This is Reference to Previous Document because it says:
“Being the same property described in…”
References a volume and page number of an earlier deed
