Principles of RE I: Legal Descriptions Flashcards
Vertical Land DescriptionA vertical land description is most commonly used when air rights and subsurface rights need specific explication. It is the commonly used method for expressing condominium ownership boundaries.Three Key MeasurementsThere are three key measurements used in the rectangular survey method you'll want to know for real life and,
perhaps, the license exam:43,560square feet in an
acre5,280feet in a mile640acres in a township section Legal DescriptionA legal description must distinguish a particular parcel from all other parcels of land in the world. It must uniquely identify the property in such a way that a surveyor would be able to locate it.In this level, we discussedthree different methodsof describing real estate.Metes and boundsRectangular survey systemRecorded plat (lot and block) Lot and Block SystemThe lot and block system is themost common type of legal descriptionused in urban and suburban real estate. This system is used when parcels of land are divided up into individual lots.Through a lot and block system, a legal
description would go something like this:Lot and block
number, name or number of subdivision plat, name of
county and state.For example:Lot A, Block 2 of Sunny
Brook Farms, Happy County, Texas.BenchmarksA monument like a metal rod might not last forever. So, to make sure that lot dimensions are not lost, a monument's exactlocation and elevation(determined in relation to sea level) is recorded in the form of benchmarks.Benchmarks are permanent reference points that consist of amarker attached to a durable object. The locations of benchmarks are extremely accurate, and records are kept regarding the locations of all official benchmarks, relative to each other.Disadvantages of Informal ReferencesThe main drawback of this system is that it fails touniquelyidentify a location. For example, there may be multiple properties identified by the address123 Main Street. In fact, there could be a123 Main Streetin every city or town that has a street by that name.All of these properties are distinct, but we cannot tell that just by looking at their addresses. In addition, informal references like addresses do not describe the size or shape of the lot, which is necessary for legal purposes.
Rectangular Survey MethodThe rectangular survey method depends upon the longitude and latitude system of mapping.Longitude lines, or meridians, run north-to-south, whilelatitude lines, or parallels, run east-to-west.Certain longitude lines serve asprincipal meridians. For any given principal meridian (a noted longitude line), there is an intercepting, specially-noted latitude line, called abaseline.Township NumberingFor the first tier of townships lying north of a baseline, the entire row is "Township 1 North," or T1N. All those comprising the first row south of the baseline are labeled "Township 1 South," or T1S. Range columns are labeled much the same way.Informal Reference PointMany of these methods for identifying a parcel are extremely complex. For this reason, there is a system of informal reference based on street addresses, districts, and titles (aka your street address).Use this method when the need for practical simplicity supersedes the need for precision. An informal reference point is advantageous because it is easy to understand.Air LotAn air lot is the space above a particular parcel. You'll need
two key pieces of information to locate an air lot:The
location of the parcel of land where the air lot is believed to beThe elevation (from the point of the datum) of where the air lot is thought to extend What is the space above a parcel of land called? An air lot is the space above a particular parcel. To locate a
particular air lot, two pieces of information are needed: the
location of the parcel of land where the air lot is believed to be and the elevation (from the point of the datum) of where the air lot is thought to extend.Choose the survey method that could result in this legal
description: "SW 1/4 of the NE 1/4 of the NW 1/4 of Section
2, Township 8 South, Range 3" The rectangular survey system uses the global lines of longitude and latitude to create a surveyed grid of meridians, base lines, townships, and ranges to describe a piece of land. Therefore, the rectangular survey system would result in a legal description of "SW 1/4 of the NE 1/4 of the NW 1/4 of Section 2, Township 8 South, Range 3".Metes & BoundsMetes and bounds is theoldest methodof land description.The metes and bounds system traces the boundaries of a property in reference to a fixedmonument.The system combines physical features of the local geography with directions and distances to define the boundaries of a parcel of land.Townships and Sections OverviewIn the rectangular survey method,range columnsrun parallel to meridians, andtownship linesrun parallel to baselines, meaning east to west. They intersect to create 36-square-mile areas called townships.Each
36-square-miletownshipis then divided into 36 individual square mile areas calledsections.Sections can then be divided intohalves(320 acres) andquarters(160 acres).Thosehalvesandquarterscan then be halved and quartered again.Recorded PlatsThe lot and block system contains arecorded plat, which is a surveyor or developer's map detailing the borders of individual lots in a particulartract. On the plat, the developer
will write alot numberfor each parcel, ablock numberfor each block (a collection of parcels), and aname or numberfor the tract (a collection of blocks).Aplatis a legal form of property description only if the developer records it in the public record. Usually, the metes and bounds method of land description is used to distinguish each individual lot.Where can developers find information about the terrain and elevation for a given parcel?A contour map is a map in which curved lines connect contiguous points of equal elevation to define the contours