Unit 5 Land Descriptions
Summary of the Three Types of Legal Descriptions for a Parcel of Property
Legal descriptions are essential for accurately identifying a parcel of land in real estate transactions, surveys, and property records. In the United States, there are three primary methods of describing property legally: Metes and Bounds, Government Survey System, and Lot and Block. Each serves a unique purpose based on the property’s location and the historical method of land division.
1. Metes and Bounds
The Metes and Bounds system is one of the oldest methods used to describe land, often dating back to colonial times. It relies on natural landmarks, physical features, and precise measurements.
- Metes refers to the measurements of distance (e.g., feet, rods) between points.
- Bounds refers to boundaries or landmarks that define the property, such as trees, rivers, or roads.
A metes and bounds description starts at a point of beginning (POB), which is a fixed reference point, and traces the property boundary by describing each segment until it returns to the POB.
Example: “Beginning at the large oak tree on the northern corner, then running 200 feet south to the creek, then 150 feet east to the stone wall, and back to the point of beginning.”
While accurate when first recorded, metes and bounds descriptions can become problematic over time as landmarks (like trees) may disappear.
2. Government Survey System (Rectangular Survey System)
The Government Survey System divides land into a grid system based on principal meridians (north-south lines) and base lines (east-west lines). This method was introduced to simplify land descriptions in large tracts of undeveloped territory.
- Townships: Land is divided into 6-mile by 6-mile squares, each called a township.
- Sections: Each township contains 36 sections, each 1 mile by 1 mile (640 acres).
- Numbering: Sections within a township are numbered in a zigzag pattern, beginning in the northeast corner.
This system is widely used in states that were part of the public land survey.
3. Lot and Block
The Lot and Block system is the most common method for describing property in subdivisions or urban areas. It relies on recorded plat maps that divide a parcel into individual lots.
- Lot: Refers to a specific numbered parcel within the subdivision.
- Block: Refers to a larger grouping of lots within the subdivision.
Example: “Lot 5, Block 3, Sunset Acres Subdivision, as recorded in Plat Book 12, Page 34.”
This method is straightforward and works well for residential developments, where each property is already mapped out.
Basic Explanations of Key Terms
1. Air Lots
An air lot refers to the ownership of air space above a parcel of land. This is common in urban areas for properties like condominiums, where individual units occupy vertical space rather than traditional land.
2. Base Lines
Base lines are east-west reference lines in the Government Survey System. They intersect principal meridians to form the starting point for land division in a specific region.
3. Benchmarks
A benchmark is a permanent physical marker placed by surveyors to establish known elevation or location points. They are used as reference points in surveys to ensure accuracy.
4. Datum
A datum is a standard elevation point used in measuring heights and depths, often based on sea level. For example, surveys may reference the National Geodetic Vertical Datum.
5. Surveys
A survey is the process of measuring and mapping land to determine its boundaries, area, and features. Surveys rely on precise tools and are critical for creating accurate legal descriptions.
Conclusion
Understanding the three types of legal descriptions—Metes and Bounds, Government Survey System, and Lot and Block—is fundamental to navigating real estate. Each method serves a specific purpose, from describing rural acreage to identifying urban lots. Supporting concepts like air lots, base lines, benchmarks, datums, and surveys provide the tools and framework for accurately defining and recording property boundaries.