Legal Description Snapshot Review

PURPOSES AND METHODS OF LEGAL DESCRIPTION

 

Definition and uses 

●legal description is sufficiently accurate, acceptable in court of law

●facilitates transfers; avoids disputes; used in legal contracts

Methods

●metes and bounds; rectangular survey system or government survey; recorded
plat or lot and block

 

METES AND BOUNDS METHOD

● describes property perimeter by landmarks, monuments, distances, angles

● from point of beginning (POB), describes perimeter and returns to POB; usable  within rectangular survey system

 

GOVERNMENT (RECTANGULAR) SURVEY SYSTEM

The survey grid

● meridians: north-south lines six miles apart

● parallels: east-west lines six miles apart

● correction lines – adjusted lines that restore guide meridians to original spacing to maintain a rectangular survey pattern on earth’s curvature

● ranges: north-south strips of area between meridians; tiers: east-west strips of area between parallels; townships: the area representing the intersection of a range and a tier, consisting of six-mile by six-mile squares of land

Sections of a township

● 36 sections per township, each one-mile square (1 mile on each side)

Fractions of a section

● 1 section = 640 acres; fractions of sections described by size and location within progressively larger quarters of section

● converting section fractions to acres: multiply denominators of section fractions; divide product into 640

 

LOT AND BLOCK (RECORDED PLAT) METHOD

●or lot and block system; used in surveyed subdivisions Subdivision plat map

● surveyed plat of subdivided tract; legal descriptor if approved and recorded

Description format

● lots within subdivision are identified by lot reference and block reference: “Lot 7 Block B of the Grand Oaks Subdivision”

DESCRIBING ELEVATION

● datum: a standard elevation reference point; benchmark: elevation marker officially surveyed and registered

ASSESSOR’S PARCEL NUMBER Uses of the parcel number

● assigned to parcels of land to identify property and ownership for taxing and tax maps

● used to locate parcels and include parcel’s size, shape, dimensions, and acreage

Tax maps

● used to assess property valuation for tax collection and assessment roll

Recorded plat maps

● plat maps show boundaries and include owner’s name, mailing address, sales date, valuations, building information, and site address

● used to generate tax maps to create assessment rolls

Assessment roll

● record of each land parcel in a taxing jurisdiction to determine property taxes

●updated annually

PREPARATION & USE OF SURVEYS

Mechanics 

● surveyor to comply with state reporting format and required individual elements

● surveyor visits property and records necessary information; also reviews records and plats filed with the county recorder’s office

Applications

● construction projects, map making, and engineering industries

● define boundaries, locate improvements, identify discrepancies between recorded instruments and actual ground; identify elevations and features; locate utilities, easements, encroachments; identify setback requirements and flood zones