Land Description and Legal Methods

Overview of Land Description Methods

  • There are three primary methods utilized for the legal description of land within the real estate and surveying industries:

    • The metes-and-bounds method.

    • The rectangular survey system (also known as the government survey system).

    • The lot-and-block system (also known as the recorded plat method).

The National Integrated Land System (NILS)

  • The federal government is currently developing the National Integrated Land System (NILS).

  • The purpose of this system is to coordinate various land descriptions found throughout public records.

  • This system utilizes current technological advancements to provide high levels of accuracy in determining and recording property boundaries.

The Metes-and-Bounds Method

  • The metes-and-bounds method is a system of land description based on physical features and directions.

  • Metes: Refers to the measurement of distances.

  • Bounds: Refers to the following of compass directions or angles.

  • Point of Beginning (POB): Every metes-and-bounds description must start at a specific point of beginning.

  • Process: The survey proceeds by following various compass directions and distances from the POB to traverse the boundary of the land, eventually arriving back at the original point of beginning to enclose the space.

  • Monuments: These are fixed objects or markers used to identify the POB and the specific corners or locations where the boundary line changes direction.

The Rectangular Survey System

  • Also referred to as the Government Survey System, this method divides land into rectangles called townships.

  • Reference Points: All measurements are calculated from the intersection of a principal meridian and a base line.

  • Basis of Measurement: These descriptions are specifically referenced by degrees of longitude and latitude.

  • Township Lines: These run east to west, parallel to the base line. They are spaced 6miles6 \, \text{miles} apart.

  • Range Lines: These run north to south, parallel to the principal meridian. They are also counted from the principal meridian and are spaced 6miles6 \, \text{miles} apart.

  • Tiers and Ranges:

    • Tiers: Rows formed by township lines.

    • Ranges: Columns formed by range lines.

Divisions and Numbering within Townships

  • Township Size: A township is divided into exactly 36sections36 \, \text{sections}.

  • Section Size: Each section is exactly 1square mile1 \, \text{square mile}, which is equivalent to 640acres640 \, \text{acres}.

  • Numbering Pattern: Sections are numbered in a specific sequence starting from the northeast corner.

    • The numbering runs from right to left, then left to right (serpentine pattern).

    • Section 11 is located at the northeast corner of the township.

    • Section 3636 is located at the southeast corner of the township.

The Lot-and-Block (Recorded Plat) Method

  • This method is typically used for subdivisions. It divides the land into identified block and lot (individual parcel) numbers.

  • Subdivision Plat Map: This serves as the primary reference document and includes:

    • Accurate lot sizes.

    • Street names.

    • Other information required by the governing body.

  • Legal Approval: The plat map must be approved by the governing body and officially filed in the public records of the county where the land is located.

Professional Survey Preparation

  • A professional survey preparation consists of two main components:

    • A written legal description.

    • A visual survey sketch.

  • Improvement Location Certificate (ILC): This is a less precise form of land analysis that may be used when a full survey is not required.

  • Transcription Accuracy: To prevent future legal issues or boundary disputes, the legal description must be included by reference or transcribed exactly as it was written in the original record.

Measuring Elevation and Subsurface Rights

  • Elevations must be accurately measured if the conveyance involves air lots above the surface or subsurface rights below the surface.

  • Datum: A datum is the professional reference point from which distances are measured upward or downward.

  • Universal Datum: The U.S. Geological Survey (USGS) defines the standard datum as the mean sea level at New York Harbor.

  • Benchmarks: These are permanent markers established throughout the United States to serve as points of reference for local surveys. They are often based on a local official datum.

  • Monuments: These are used to mark specific surface measurements between two points.

Key Units of Land Measurement

  • Mile: Equals 5,280feet5,280 \, \text{feet}.

  • Square Mile: Equals 640acres640 \, \text{acres} (equivalent to one section).

  • Acre: Equals 43,560square feet43,560 \, \text{square feet}.

  • Acre Dimensions: Approximately 209×209feet209 \times 209 \, \text{feet}.