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Understanding the legal description of property | Legalzoom single yoke of oxen could plow in a single day. There are about 30 initial Metes and Bounds - US Law | LII / Legal Information Institute (administered by a government agency). a plat book, then the lake is usually public water. That is, they use a specific "point of beginning" in the section where the property is located. Example of a Metes and Bounds Legal Description: These descriptions are easiest to write but are the most difficult types of legal descriptions to survey. Their boundaries adjacent to the lake follow the shoreline of the lake. Look for the words "legal description" or just "description.". Let's dissect this description. ThoughtCo, Apr. To this day, Texas still primarily uses the metes and bounds system due to the fact that it was an independent republic prior to achieving statehood. If you see such a pattern in the system that was used to open most of the new territory added to the United lies about 12 miles north of Jackson, on the county line. draw the land on paper the way the surveyor originally did -- you need only a few simple tools: As you can see, the basic tools required for land platting can all be found at a local office supply store or discount mass merchandiser. Bounds may be a natural boundary (such as a river or rock), or artificial landmark (such as a building or bridge). The metes component of the survey uses three identifiers for the property line: When performing a metes and bounds survey, the surveyor begins at a point designated by the legal description. It may include references to other adjoining parcels (and their owners), and it, in turn, could also be referred to in later surveys. BLM Module 3: Metes-and-Bounds Study Guide significant. Property scholarship has long derided metes and bounds systems of land demarcation, largely accepting that standardized boundaries best facilitate economic growth. The metes and bounds system marks the boundaries of a property according to its surrounding landmarks. This is because in California, in addition to an address or assessors parcel number, real property is also identified and located by a legal description of the property, which often describes the specific location of the property based on existing maps and surveys, by metes and bounds, prior conveyances, or a combination of the three. intersect the standard corners After six years of aircrew service in the Air Force, he earned his MBA from the University of Phoenix following a BS from the University of Maryland. d. metes-and-bounds system. The legal description is also used by the tax assessor to determine property tax. What you have is a metes and bounds description which locates a point, gives bearing and distance to the next point, and so on all the way around and back to the point of beginning (known as a traverse). After a series of survey laws, in 1796 Congress finally arrived at 1 / 24 Choose the statement about metes and bounds that is accurate. At the time the description is compiled, it may have been marked on the ground with permanent monuments placed where there were no suitable natural monuments. became the English "perch", "pole", "rood", and flashcard sets. There are two primary types of systems used by surveyors to describe direction: Acreage was usually determined with the aid of tables and charts and, due to meanders and strangely shaped, non-rectangular parcels of land, could often be fairly inaccurate. To begin, the surveyor must locate three of the sections certified corners. One way to describe property is by calls and distances. This entails using directional calls, e.g. Metes is a piece of the propertys boundary line determined by measuring the distance between two points. Within section 4, the forty is one of four in the southeast quarter of the remains a standard unit in land survey, but rods are seldom used, except maybe among Ultimately, the jury chose the 1982 survey line. In Canada, metes and bounds are frequently used to officially define the territory of electoral districts, particularly in urban areas where the districts may subdivide municipalities or otherwise not conform to municipal boundaries. is used. English surveyors carried chains (such as a Gunter's chain) with which to measure lengths, as well as poles, and many older legal descriptions of real estate in the United States are given in chains and poles. derived from the Roman "ager", which was defined as the area of land that a in an 1812 record from Connecticut. Technology in the form of aerial photographs or GIS images can help enhance the precision of metes and bounds surveys. It employs the use of measurements and markers to draw straight lines from one point to another in order to show the location and shape of a piece of property. Metes and Bounds Descriptions Metes and Bounds landmarks are often used in a "legal description" of a land. 2021 Scope of Survey Services. Schorr Law has experience with all types of issues regarding real property boundaries and boundary disputes in Los Angeles. Point of Beginning How Do Architects and Engineers Use BIM to Mitigate Construction Risk? The "mile" Once you learn the lingo, however, you'll find that metes and bounds surveys make a lot more sense than they appear to at first glance. Metes and bounds are the boundaries of a parcel of real estate that identified by its natural landmarks. It must also be clearly defined. Researching Property History - Utah Understand what it is, and why metes and bounds is important in real estate. The last significant "wrinkle" about our Download the 2022 State of The Title Industry report today to see the trends that matter most for the industry. The eastern, or original states, continue to use the metes and bounds surveys of their founders. A legal description is a written description of a real estate that is specific enough to uniquely identify it as distinct from all other properties. A principal legal type of land description in the United States, metes-and-bounds descriptions are commonly used wherever survey areas are irregular in size and shape. To schedule a consultation with one of our attorneys, you can call us directly at (310) 954-1877, text us at (310) 706-2265, or send us a message here. Ten square chains is equal to one acre. Distance is determined by chaining, (sometimes called taping) with a chain being 66 feet in length. From each standard corner, a line is run true Much of our understanding about Let us know if you have suggestions to improve this article (requires login). References .". (2023, April 5). Ian is a 3D printing and digital design entrepreneur with over five years of professional experience. A metes and bounds description should contain three components: Metes and bounds surveys can be used for both public and private lands. Metes & Bounds: System & Survey - Study.com The metes and bounds system traces the boundaries of a property in reference to a fixed monument. The history of metes and bounds use continues today in those states that were originally part of the Thirteen Colonies or before 1785 in areas where land was being allocated, such as Maine, Tennessee, West Virginia, and Vermont. Each section is identified with a number based on its position. 1901 Avenue of The Stars Suite 615 Los Angeles, California 90067, Understanding "Grandfathered Property Rights", The Agreed-Boundary Doctrine: Boundary Line Agreement CA, Lot Line Adjustment Contract Good Faith and Fair Dealing Required With Extensions of Time, Murr v. Wisconsin (Murr) - Regulatory Takings After Murr Decision. Marketable Title Overview & Importance | What is a Marketable Title? It was the principle way to measure land before the Land Act of 1785, so much of the land in the original 13 colonies was measured this way, as well as in Kentucky, Tennessee, West Virginia, and Texas. Schorr Law has experience with all types of issues regarding real property boundaries and boundary disputes in Los Angeles. This page is not available in other languages. 276 lessons b. rectangular survey. Most of the earliest descriptions used an archaic system called the "Rural Land Description". PDF III. DeSCrIPtIoNS of reaL ProPerty Such mapping generally uses streets and their intersections to define the boundaries of election districts, wards, precincts, inter alia. Products Section Get all the secrets to building a resilient business that grows strategically. These include West Virginia, Kentucky, Maine, Tennessee and Vermont. What was to become Ohio was the guinea pig of land survey. D All the following are true about a metes-and-bounds legal description EXCEPT a. it is only used in states west of the Mississippi River. Not all underwriters require a survey for all closings. Each rod measures 16.5 feet, and in older surveys it may be called a perch or a pole. Boundary Descriptions - details on natural features found along the property boundaries, such as creeks and trees. A metes and bounds description of a parcel of land must define the boundaries of the property in sufficient detail so the property can be easily located on the ground. PDF LEGAL DESCRIPTION GUIDELINES - AustinTexas.gov Legal Descriptions Flashcards | Quizlet A pertica was a measuring stick. For example, such a bearing might be listed as "N 4235' W", which means that the bearing is 4235' counterclockwise, or west of north. 24 The second row is numbered toward the east creating a snake like alternating pattern until Section 36 is reached at the southeasternmost corner. Before surveyors can even begin to measure the property in question, they must find the correct Section, Township, Range, and monument of the point of commencement and then walk to the point of beginning with their equipment, making this type of survey more time consuming and laborious than a lot and block. Ambiguous or uncertain descriptions are not legally adequate and will cause the instrument to be invalid. If you must survey a plot of land that originally used metes and bounds, it is best to try to follow the directions included in the original survey. Metes and bounds are the boundaries of a parcel of real estate that identified by its natural landmarks. Land Survey - Map & Compass Then they draw out the boundaries to connect at . PDF Writing Legal Descriptions 2018-01 in 1784. Note the use of monuments, which are subject to change over time: rivers, bridges, a building, a stone, and a top soil highway (or a dirt road). In order to be valid, it must close, meaning the lines describing the start and end must eventually meet. A township is six miles by six miles and has 36 sections. It is based on a series of rectangular surveys, adjusted for the Dan Listwa and the other editors of the Yale Law Journal provided outstanding substantive suggestions and invaluable editorial assistance, including the visuals, which were produced by Sarah Levine. At that point, the rapid expansion of the U.S. required a simplified and more efficient . Before technology, or even before sophisticated measuring instruments . Metes and bounds have historical significance, and in some jurisdictions, metes and bounds are considered the most accurate description of parcel boundaries due to the geographical features used to identify precise locations. Rather than relying on stream beds that may shift over time, or landmarks that may disappear, current technology includes electronic stations that can precisely calculate distance, and GIS (Geographic Information Systems) that can capture data to create detailed maps for use in real estate and any number of additional fields including meteorology, biology, resource management, and earth sciences. Metes, Bounds & Meanders - Platting the Land of Your Ancestors - ThoughtCo infrastructure of the day. Metes and bounds systems have long been the subject of ridicule among scholars, and a recent wave of law-and-economics scholarship has argued that land boundaries must be easily standardized to facilitate market transactions and yield economic development.