Real Estate Law

Legal Descriptions of Property

Real Estate Law

Legal Descriptions of Property

Legal Descriptions of PropertyLegal Descriptions of Property

Subjects Covered:Subjects Covered:

Types of Legal Types of Legal DescriptionsDescriptions

SurveysSurveys

Methods of Property DescriptionsMethods of Property Descriptions

Real property is legally described by its Real property is legally described by its surfacesurface

There are three methods of legally describing real There are three methods of legally describing real property:property:

1.1. Lot, Block and Tract (Plat) MethodLot, Block and Tract (Plat) Method2.2. Metes and Bounds MethodMetes and Bounds Method3.3. Government (Rectangular) Survey Government (Rectangular) Survey

Method*Method*

* * NoteNote: The Government Survey Method is : The Government Survey Method is notnot used in used in MassachusettsMassachusetts

Real property is legally described by its Real property is legally described by its surfacesurface

There are three methods of legally describing real There are three methods of legally describing real property:property:

1.1. Lot, Block and Tract (Plat) MethodLot, Block and Tract (Plat) Method2.2. Metes and Bounds MethodMetes and Bounds Method3.3. Government (Rectangular) Survey Government (Rectangular) Survey

Method*Method*

* * NoteNote: The Government Survey Method is : The Government Survey Method is notnot used in used in MassachusettsMassachusetts

Lot, Block and Tract MethodLot, Block and Tract Method

Johnson Hills Subdivision PlanJohnson Hills Subdivision Plan

Property is described by its specific identifiers (i.e. Block and Lot Numbers) on a recorded Subdivision Plan

Property is described by its specific identifiers (i.e. Block and Lot Numbers) on a recorded Subdivision Plan

Lot 10 in Block A on plan entitled: Johnson Hills Subdivision, Jefferson, Mass., January 2, 1996, Scale 1”=100’, said plan recorded in the Washington County Registry of Deeds Plan Book 10, Page 300

Lot 10 in Block A on plan entitled: Johnson Hills Subdivision, Jefferson, Mass., January 2, 1996, Scale 1”=100’, said plan recorded in the Washington County Registry of Deeds Plan Book 10, Page 300

Property DescriptionProperty Description

Metes and Bounds MethodMetes and Bounds Method

(a.k.a. Measurements and Directions) - Property is described by the direction and length (metes) of its various boundaries (bounds)

(a.k.a. Measurements and Directions) - Property is described by the direction and length (metes) of its various boundaries (bounds)

1. The description starts at a Point of Beginning (P.O.B.), which is located by its position in relation to a fixed point called a monument

1. The description starts at a Point of Beginning (P.O.B.), which is located by its position in relation to a fixed point called a monument

Point of Beginning

Monument

A Monument can be:

–Natural (e.g. trees, rocks, rivers)

–Artificial (e.g. iron stakes, fences, roads, surveyor’s benchmarks)

A Monument can be:

–Natural (e.g. trees, rocks, rivers)

–Artificial (e.g. iron stakes, fences, roads, surveyor’s benchmarks)

Metes and Bounds Method (cont’d)Metes and Bounds Method (cont’d)

A A BoundaryBoundary can be: can be:• An imaginary lineAn imaginary line::

- Defined by a Defined by a compass headingcompass heading - Defined on a Defined on a recordedrecorded Plan Plan

• A physical featureA physical feature bordering the bordering the propertyproperty, e.g.:, e.g.:

- A RoadA Road- If If publicpublic, the boundary is the , the boundary is the edgeedge of the of the

roadroad- If If privateprivate, the boundary is the , the boundary is the centercenter of the of the

roadroad

- A River or StreamA River or Stream- If If navigablenavigable, the boundary is the , the boundary is the bank bank of the of the

waterwaywaterway- If If non-navigablenon-navigable, the boundary is the , the boundary is the centercenter

of the waterwayof the waterway

- A Seashore or Tideland A Seashore or Tideland – – the boundary is the boundary is the the tide linetide line

A A BoundaryBoundary can be: can be:• An imaginary lineAn imaginary line::

- Defined by a Defined by a compass headingcompass heading - Defined on a Defined on a recordedrecorded Plan Plan

• A physical featureA physical feature bordering the bordering the propertyproperty, e.g.:, e.g.:

- A RoadA Road- If If publicpublic, the boundary is the , the boundary is the edgeedge of the of the

roadroad- If If privateprivate, the boundary is the , the boundary is the centercenter of the of the

roadroad

- A River or StreamA River or Stream- If If navigablenavigable, the boundary is the , the boundary is the bank bank of the of the

waterwaywaterway- If If non-navigablenon-navigable, the boundary is the , the boundary is the centercenter

of the waterwayof the waterway

- A Seashore or Tideland A Seashore or Tideland – – the boundary is the boundary is the the tide linetide line

2. Next, beginning at the P.O.B., each boundary of the property is called out sequentially in a clockwise direction with its length in feet – the last boundary must end back at the P.O.B.

2. Next, beginning at the P.O.B., each boundary of the property is called out sequentially in a clockwise direction with its length in feet – the last boundary must end back at the P.O.B.

3. Finally, the area of the property is calculated and called out in square feet or acres – “More or Less” (MOL)

43,560 sq.ft. = 1 acre

3. Finally, the area of the property is calculated and called out in square feet or acres – “More or Less” (MOL)

43,560 sq.ft. = 1 acre

Metes and Bounds Method - ExampleMetes and Bounds Method - Example

Property DescriptionProperty Description

Web

ster

Riv

er

N Lot 9

Cleveland Way

Web

ster

Riv

er

N Lot 9

Cleveland Way 44,000 sq.ft. MOL

Marker X

Begin at Marker X on Cleveland Way

Point ofBeginning

West 60.0 feet to a Point of Beginning

12o 0

’ 20

3.0’

Northeasterly along a line north 12o0’ east a distance of 203.0 linear feet200.0’

Easterly by Lot 9, as shown on the hereinafter mentioned plan, a distance of 200.0 linear feet

20

0.0

’

Southerly by the Webster River a distance of 200.0 linear feet

240.0’Westerly by Cleveland Way a distance of 240.0 linear feet to the Point of Beginning

A “Call”

Massachusetts Property DescriptionsMassachusetts Property Descriptions

In Massachusetts, a full legal description of property consists of three elements:In Massachusetts, a full legal description of property consists of three elements:

1. Street or designated address of the property (e.g. “commonly known as 234 Washington Street located in LINCOLN, Adams County, Massachusetts”)

1. Street or designated address of the property (e.g. “commonly known as 234 Washington Street located in LINCOLN, Adams County, Massachusetts”)

2. Metes and Bounds description2. Metes and Bounds description

3. Reference description - i.e. to some other recorded document, e.g.:

• Current Deed (by Book, Page and Date)• Subdivision Plan in the Registry of Deeds• Certificate Number from Land Court

records

3. Reference description - i.e. to some other recorded document, e.g.:

• Current Deed (by Book, Page and Date)• Subdivision Plan in the Registry of Deeds• Certificate Number from Land Court

records

Full LegalDescriptionFull Legal

Description

Government (Rectangular) Survey MethodGovernment (Rectangular) Survey Method

Land is divided into 24 mile square Quadrangles - Each Quadrangle contains 576 square miles - Quadrangles are bordered by meridians (N/S lines) and parallels (E/W lines)

Land is divided into 24 mile square Quadrangles - Each Quadrangle contains 576 square miles - Quadrangles are bordered by meridians (N/S lines) and parallels (E/W lines)

Each quadrangle is divided into 16 Townships - Each Township measures 6 miles square and contains 36 square miles. - A Township is identified by its relation to a specific meridian and parallel (baseline) intersection

Each quadrangle is divided into 16 Townships - Each Township measures 6 miles square and contains 36 square miles. - A Township is identified by its relation to a specific meridian and parallel (baseline) intersection

Tier

(T)

Range (R)

WW

NN

EE

SS

Garfield, MissouriGarfield, Missouri

X

Baseline

Me

ridia

n

Garfield Baseline and

Meridian (GB&M)

Garfield Baseline and

Meridian (GB&M)

TownshipT3N, R2E,

GB&M

TownshipT3N, R2E,

GB&M

Property is located about 14 miles NNE of Garfield, Missouri

Property is located about 14 miles NNE of Garfield, Missouri

Garfield Quadrangle

Garfield Quadrangle

Government (Rectangular) Survey Method Government (Rectangular) Survey Method (cont’d)(cont’d)

Each Township is divided into 36 Sections – Each Section measures 1 mile square and contains 160 acres – Sections are consistently numbered by a uniform scheme

Each Township is divided into 36 Sections – Each Section measures 1 mile square and contains 160 acres – Sections are consistently numbered by a uniform scheme

Property is described by its specific location within a Section

Property is described by its specific location within a Section

NE ¼ of Section

12, T3N, R2E,

GB&M

NE ¼ of Section

12, T3N, R2E,

GB&M

PropertyDescription

PropertyDescription

40 40 acresacres

Section 12Section 12

WW EE

SS

NN

363635353434333332323131

252526262727282829293030

242423232222212120201919

131314141515161617171818

121211111010998877

112233445566

NN

SS

EEWW

Township T3N, R2E, GB&NTownship T3N, R2E, GB&N

Government (Rectangular) Survey Method Government (Rectangular) Survey Method (cont’d)(cont’d)

Area covered by this method:Area covered by this method:

SurveysSurveys

Definition:

An investigation or examination that determines the boundaries of a parcel of land or locates all improvements on the parcel.

Types: Boundary survey: sets forth the boundaries of a

parcel. As-built survey: sets forth the location of

improvements on a parcel (also known as a record survey or loan survey).

Condominium survey. Topographic survey. Special-purpose survey.

Minimum Technical StandardsMinimum Technical Standards

statement of the type of survey statement of the type of survey depicted, depicted,

name, address, and certificate of name, address, and certificate of authorization number of the authorization number of the surveying firm, surveying firm,

surveyor’s name and license surveyor’s name and license number, number,

date of the field survey and date of the field survey and date(s) of any revisions, date(s) of any revisions,

graphic scale of the map, graphic scale of the map, plotted features supported by plotted features supported by

accurate survey measurements, accurate survey measurements, clearly referenced bearings, if clearly referenced bearings, if

applicable,applicable,

showing of any inconsistencies showing of any inconsistencies between the legal description and between the legal description and map, map,

description of all monuments, description of all monuments, showing of all fences, walls, and showing of all fences, walls, and

other open, notorious evidence of other open, notorious evidence of boundary lines, boundary lines,

indications of any encroachments indications of any encroachments from or onto neighboring from or onto neighboring property, property,

location of recorded private and location of recorded private and public rights-of-way and public rights-of-way and easements, and easements, and

location of fixed improvements in location of fixed improvements in reference to the boundaries.reference to the boundaries.

Set forth by state statutes, administrative codes, or Set forth by state statutes, administrative codes, or professional standards such as ALTA/ASCM Minimum professional standards such as ALTA/ASCM Minimum Standards and NSPS Model Standards. Standards and NSPS Model Standards.

Typically include:Typically include:

Obtaining A SurveyObtaining A Survey

1.1. Buyer typically asks for and pays for a survey. If Buyer typically asks for and pays for a survey. If using institutional lending, most lenders require using institutional lending, most lenders require a survey. a survey.

2.2. Seller determines: Seller determines:

a.a. whether Seller has an existing survey, and whether Seller has an existing survey, and

b.b. how old it is how old it is c.c. if additions have been made since the survey dateif additions have been made since the survey date

3.3. If a new survey is required, most attorneys If a new survey is required, most attorneys representing buyers want to have a title representing buyers want to have a title commitment in hand prior to receipt of the commitment in hand prior to receipt of the survey so the surveyor can demarcate on the survey so the surveyor can demarcate on the survey map all easements and all other survey map all easements and all other encumbrances set forth in the commitment.encumbrances set forth in the commitment.

Obtaining A Survey (cont’d)Obtaining A Survey (cont’d)

4.4. When ordering a survey for the Buyer-client, the When ordering a survey for the Buyer-client, the surveyor should be provided with:surveyor should be provided with:

a.a. a legal description of the property, a legal description of the property,

b.b. a copy of the title commitment, a copy of the title commitment,

c.c. a list of all permitted exceptions included in the a list of all permitted exceptions included in the contract for purchase and sale, and contract for purchase and sale, and

d.d. specific instructions regarding the minimum specific instructions regarding the minimum technical standards that must be met, together technical standards that must be met, together with any other specific instructions of the lending with any other specific instructions of the lending

institution or title insurance companyinstitution or title insurance company

Survey ReviewSurvey Review

1.1. Cover letter – check:Cover letter – check:a.a. the type of survey ordered with survey received. the type of survey ordered with survey received.

b.b. the delivery date stated in the letter with the the delivery date stated in the letter with the date the survey was received. date the survey was received.

c.c. the minimum technical standards specified with the minimum technical standards specified with survey received. survey received.

d.d. any special instructions set forth in cover letter any special instructions set forth in cover letter

with survey received.with survey received.

Survey Review (cont’d)Survey Review (cont’d)

2.2. Contract for purchase and sale – check:Contract for purchase and sale – check:a.a. to ensure that the survey meets the contract’s to ensure that the survey meets the contract’s

requirements. requirements.

b.b. the time period within which to make objections the time period within which to make objections to the survey defects and time to cure defects. to the survey defects and time to cure defects.

c.c. the exceptions set forth in the contractthe exceptions set forth in the contract. .

3.3. Title commitment – check:Title commitment – check: a.a. legal description in survey with legal description legal description in survey with legal description

in commitment, for discrepancies. in commitment, for discrepancies.

b.b. legal description against the drawing. legal description against the drawing.

c.c. list of exceptions in title commitment with the list of exceptions in title commitment with the drawing.drawing.

Common Survey ProblemsCommon Survey Problems

1.1. Easements not listed as permitted exceptions Easements not listed as permitted exceptions under contract. under contract.

2.2. Encroachments. Encroachments.

3.3. Violations of zoning or land use ordinances or Violations of zoning or land use ordinances or statutes. statutes.

4.4. Variation between legal description in contract Variation between legal description in contract or deed and actual boundary measurements on or deed and actual boundary measurements on

survey.survey. Slight variation: Title company can issue survey Slight variation: Title company can issue survey

endorsement.endorsement.

QuizQuiz

True/FalseTrue/False

1.1. The bearing provides the measurement of the The bearing provides the measurement of the distance traveled.distance traveled.

2.2. Range lines run in a north and south Range lines run in a north and south direction.direction.

3.3. A check is 6 miles square.A check is 6 miles square.

4.4. The property described as NE ¼, NE ¼, SW The property described as NE ¼, NE ¼, SW ¼, SE ¼ is 5 acres in size.¼, SE ¼ is 5 acres in size.

5.5. An irregular-sized tract of land labeled by An irregular-sized tract of land labeled by government surveyors is called a government government surveyors is called a government lot.lot.

FF

FF

TT

TT

FF

Quiz (cont’d)Quiz (cont’d)

6.6. Another name for the plat method of legal Another name for the plat method of legal description is the lot and block method.description is the lot and block method.

7.7. The plat method is the most common type of The plat method is the most common type of legal description.legal description.

8.8. Each degree can be divided into 60 minutes.Each degree can be divided into 60 minutes.

9.9. In a real estate transaction, the buyer is the In a real estate transaction, the buyer is the one who typically asks for a survey and pays one who typically asks for a survey and pays for it.for it.

10.10. A title commitment should be ordered after A title commitment should be ordered after receipt of the survey.receipt of the survey.

TT

TT

FF

FF

TT