Surveys and Land Descriptions Notes

Chapter 3: Surveys and Land Descriptions

Key Concepts
  • Real Property Deed Transactions:
    • Joint Tenancy with Right of Survivorship: Ownership by John, Jane, and Susan with rights as joint tenants; death triggers redistribution of ownership.
    • Example: John transfers to Carol, Jane dies and leaves to Barbara, then Susan dies leaving to Stewart.
    • Ownership Outcome:
      • John: 0% (interest transferred to Carol)
      • Jane: 0% (interest goes to Barbara)
      • Susan: 0% (interest goes to Stewart)
      • Carol: 1/3 share (John's prior share)
      • Barbara: 1/3 share (Jane's share)
      • Stewart: 1/3 share (Susan's share)
  • Form of Co-ownership Review:
    • In the case of David, Mary, and John Farris, as no survivorship rights are mentioned, they own the property as Tenants in Common.
Overview of Survey Types
  1. Boundary Survey:
    • Establishes boundaries of the land and physical description.
  2. As-Built Survey:
    • Shows location of improvements and natural features, including easements and setbacks.
Legal Description Objectives
  • Understand three types of descriptions:
    1. Government Rectangular Survey Description
    2. Platted Description
    3. Metes and Bounds Description
  • Skills to review and prepare legal descriptions from surveys.
Preparation of Surveys
  • Standards: Follow ALTA/NSPS revised standards (2011) for preparing surveys.
  • Key Survey Considerations:
    • Accurate legal description of property.
    • Title commitments and necessary recorded documents.
    • Required markings for encroachments, easements, and structures.
Government Rectangular Survey Description
  • Principal Meridians & Base Lines:
    • Defined by two intersecting lines establishing coordinates.
    • Township and Range:
    • Townships (6 miles x 6 miles) created by intersecting township and range lines.
  • Sections: Each township comprises 36 sections, each section is 640 acres, numbered 1-36.
  • Correction Lines: Adjust for the Earth's curvature and discrepancies in measurements.
Platted Description
  • Short-form description referring to a recorded survey or plat.
  • Requires surveyor to prepare and record the plat in the county.
Metes and Bounds Description
  • Detailed description using angles and distances to outline property boundaries.
  • Components: Includes course (direction) and distance for each boundary.
  • Curvature in Lines: If curves are involved, they should specify arc distance, radius, and chord distance.
  • Closure Requirement: Must close back to the starting point to be valid.
Practical Tips for Surveys
  • Verify that surveys match the legal descriptions in deeds.
  • Checklist During Review:
    • Confirm basic surveyor information is provided.
    • Check for easements, encumbrances, utilities, and potential encroachments.
    • Research zoning and flood hazard statuses.
Ethical Considerations
  • The ABA Code mandates that lawyers represent clients competently by collaborating with title companies, surveyors, and ensuring proper supervision.
Summary of Importance
  • Surveys are vital for accurately determining real estate boundaries and legal descriptions and play a critical role in property transactions, including easements and utilities.