Legal Property Description: Systems and Methods

The legal description of real estate is crucial for accurately defining property ownership. It’s essential for real estate transactions and appraisal. While addresses suffice for daily use, legal descriptions are necessary to define exact property boundaries.

I. Importance of Legal Descriptions:

• Accurate boundary definition, preventing disputes.
• Essential for property registration, securing ownership rights.
• Used by appraisers to define the scope of the property being assessed, ensuring accurate valuation.
• Required for real estate transactions, including sales, purchases, mortgages, and insurance.

II. Main Systems of Legal Description:

There are three main systems:

1. Metes and Bounds System.
2. Rectangular (U.S. Government) Survey System.
3. Lot, Block❓❓, and Tract System.

Different regions use different systems or combinations depending on local laws and customs. Appraisers should have a basic understanding of all three.

III. Metes and Bounds System:

The oldest and most complex system, it describes property in relation to its boundaries, distances, and angles from a point of beginning. It gives directions and distances a surveyor can follow to trace the property’s borders.

• Essential Elements:

  1. Reference Points: Fixed, identifiable positions (landmarks) from which measurements are taken, e.g., survey markers or metal stakes.
  2. Courses: Defined by degrees, minutes, and seconds of angle from North or South.
  3. Distances: Measured between reference points in standard units like feet or miles.

• A. Reference Points:

  • A reference point (landmark) is a fixed position from which measurements are taken, such as a survey marker or metal stake.
  • Descriptions start at a reference point to locate the property relative to adjacent surveys, called the Point of Beginning (POB). The boundary describes the POB (also a reference point) and all intermediate points.
  • To distinguish the initial reference point from the first point on the actual property boundary, the latter is sometimes called the True Point of Beginning.

• B. Courses and Distances:

  • Once the True Point of Beginning is established, the description describes each property boundary. Metes describe the direction from one reference point to another and the distances between points. Courses are degrees, minutes, and seconds of angle from North or South. Boundaries are described sequentially, ending at the True Point of Beginning.
  • A circle has 360 degrees, one degree (1º) is 1/360 of a circle. One minute is 1/60 of a degree (1’), and one second is 1/60 of a minute (1”).
  • The description provides instructions to walk the property’s boundary. Each instruction corresponds to a boundary line, indicating direction (course) and distance.

• Example: A typical instruction might read: “South 89 degrees 19 minutes East, 2664 feet.” This means to proceed on a course 89º 19’ East of true South for 2664 feet.

• Courses are stated in two ways: as North, South, East, or West, or in terms of their quadrant (Northeast, Northwest, Southeast, or Southwest) and angle relative to a North-South line. Northwest and Northeast courses are stated by angle from North; Southwest and Southeast courses from South. The angle is given in degrees, minutes, and seconds.

• Example: A Southeast course at 89º 19’ East of true South is stated as: South 89 degrees 19 minutes East, or S 89º 19’ E.

• Practical Example: Starting at a stone marker at the intersection of Haven Avenue and Arrow Highway (“Point of Beginning”) in Cucamonga, California, the legal description might be:

  “Commencing at the stone marker at the intersection of Haven Avenue and Arrow Highway (“Point of Beginning”) in Cucamonga California, proceed N5º 33´W; 1804 feet to the second corner of fence referred to as “True Point of Beginning (POB)”. Beginning at the North-West corner of fence, proceed S89º 19´E, 2664 feet; at North-East corner of fence, proceed S0º 32´E for 1302 feet along stone wall to iron pin; at South-East corner, proceed N89º 11´W for 2550; at South-West corner, proceed N5º 33´W for 1804 feet to point of beginning.”

• Metes and Bounds Descriptions in Appraisals:

  • These descriptions can be lengthy and complex, creating opportunities for errors. Often, descriptions are photocopied from a deed or other document and attached to the appraisal to prevent transcription errors. Appraisers can calculate the area of the parcel by entering the description into computer software, which can also simulate a survey to verify if the description ends precisely at the POB.
  • Laser transits and satellite technology have made it possible for surveyors to determine points, directions, and distances more accurately. Benchmarks and use of satellite technology has made points more reliable.
  • The Metes and Bounds system is often used instead of the Rectangular Survey System, and is well suited to describe irregular parcels.

IV. Rectangular (U.S. Government) Survey System:

Also known as the U.S. Government Survey System, it describes property in relation to a rectangular grid created by federal government surveys. Established by law in 1785, it covers most areas not already settled. Separate grid systems were surveyed for most regions, except the eastern states.

• A. Base Line and Meridian:

  • Each principal grid has a primary reference point as the foundation for locating all properties in the grid. The reference point is the intersection of the Principal Meridian (North-South) and the Base Line (East-West).
  • These baselines and meridians are reference lines for surveyors used to measure land from their intersection.

• Each grid system has its unique name corresponding to its Principal Meridian. Property descriptions must indicate the specific grid being referenced.

• Practical Example: The rectangular survey in Southern California is based on the San Bernardino Principal Meridian and Baseline.

V. Lot, Block, and Tract System:

Also known as the recorded plat system, it relies on detailed maps of subdivided areas, recorded in public records, providing a clear and standardized description for each parcel within the subdivision.

• Lot: An individual parcel within the block.
• Block: A group of lots surrounded by streets or other boundaries.
• Tract: The larger area containing multiple blocks and lots.

The legal description simply refers to the lot number, block number, tract name, recorded map name, and recording date.

VI. Potential Risks Related to Legal Descriptions:

• Errors in the description: Can lead to boundary disputes or loss of property rights.
• Overlapping descriptions: Creates ambiguity regarding property boundaries.
• Changes in landmarks: Natural or artificial features used as reference points may change, rendering the description inaccurate.
• Obsolescence: Metes and Bounds descriptions may become outdated due to changes in technology or surveying practices.

VII. Using Technology to Validate Legal Descriptions:

• Geographic Information Systems (GIS): Used to analyze maps and survey data to validate legal descriptions.
• Surveying Software: Used to create 3D models of the property and verify the accuracy❓ of the legal description.
• Aerial and Satellite Imagery: Used to identify features and verify the accuracy of the description.
• GPS Technology: Used to accurately locate the property and validate the legal description.