Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

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Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson

Transcript of Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Page 1: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Legal Descriptions

"The small landholders are the most precious part of a state."

-Thomas Jefferson

Page 2: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Legal Description

A written passage or statement that defines property and is descriptive enough for the property to be differentiated from other properties and located without other evidence.

©iStockphoto.com

Page 3: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Legal Description

In United States:

• Metes and Bounds– Original 13 states and HI, KY, ME,TN,TX, VA,

WV

• Rectangular Survey System– Remaining 30 states

• Lot and Block– Used in conjunction with either of the other two

systems

Page 4: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and Bounds

A system of land description that identifies a property by describing the shape and boundary dimensions of a unit of land based on its edge distances and bearing angles from a defined starting point.

Page 5: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and BoundsMete = boundary described by a distance and direction between property corners

− North 30º West a distance of 567 ft

Bound = boundary that is described less accurately

− “Along the stone wall at the edge of Isaac Porcher’s property”

Point of Beginning (POB) = a property corner from which the description originates; the starting point

Page 6: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and Bounds“From the POB proceed N 67° 35’ E along said right of way line of State Road No.1 a distance of 120 ft.”

•Lines are described with respect to natural or artificial monuments and baselines.•Line length is measured along a level plane.•Directions are described using bearing angles with respect to the previous line.

Page 7: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Lengths• Early metes and bounds

1 Chain = 100 links

= 4 rods

= 66 feet

• Today, lengths are typically given in decimal feet.– Example: 315.75 ft

(not 315’- 9”)

Courtesy Smithsonian Institute, National Museum of American History http://www.loc.gov/exhibits/lewisandclark/lewis-before.html

Page 8: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Bearings

• The deviation measured in degrees, minutes, and seconds from a known line or direction

N25° 35’ 12”E

North 25 degrees 35 minutes and 12 seconds east

S22° 35’W

South 22 degrees 35 minutes west

• Angle measure1 degree = 60 minutes

1 minute = 60 seconds

Page 9: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

N 25°35’ E

25° 35'N

S

EW

Page 10: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

S 22°35’W

N

S

EW

22° 35'

Page 11: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and Bounds Example“From the POB proceed N 67° 35’ E along said right of way line of State Road No.1 a distance of 120 ft.”

N

S

EW

67° 35'

POB

120 ft

Page 12: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and Bounds

“…thence N 12° 45’ W

a distance of 67 ft.” 12° 45'

POB

67 ftN

S

EW

N 67° 35' E

120'

Page 13: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Metes and Bounds

POB

N 12° 45' W

67 '

N 67° 35' E

120 '

N 78° 10 ' W 98 '

S 12° 45' E

63 '

S 1

1° 3

0' W

71 '

Page 14: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Rectangular Survey

Thomas Jefferson

Designed for the organization, division, and sale of government-owned frontier lands

Page 15: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Meridian and Base Lines

Principal Meridian

Base Line

Page 16: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Principal Meridians

Page 17: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Principal Meridians

Page 18: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

6 miles(TYP)

Range Lines

Page 19: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Township Lines

6 m

iles

(TY

P)

Page 20: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Townships

T2N

R2E

T2S

R1E

T2S

R2E

T2S

R1W

T2S

R2W

T1S

R2W

T1S

R1W

T1S

R1E

T1S

R2E

T1N

R2W

T1N

R1W

T1N

R1E

T1N

R2E

T2N

R1E

T2N

R2W

T2N

R2W

Page 21: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Each Township = 36 Sections

Page 22: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Each SectionSection = 1 square mile

= 640 acres

Half Section 320 acres

80 acresQuarter Section

160 acres40

acres20 acres

20 acres

Page 23: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Partial Sections

Northwest 1/4

Page 24: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Evidence of Rectangular Survey

Courtesy NASA http://earthobservatory.nasa.gov/IOTD/view.php?id=5772

SECTION

Page 25: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Rectangular Survey Example

Township 1 South, Range 1 East, 3rd PM, Section 25: S1/2 NW1/4

Page 26: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

3rd PM = 3rd Principal Meridian

Locate the Principal Meridian

Page 27: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Locate the Township

Township 1 South, Range 1 East, 3rd PM

Page 28: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Locate the Section

Section 25

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Locate the Subdivision

S1/2 NW1/4

Township 1 South, Range 1 East, 3rd PM, Section 25: S1/2 NW1/4

Page 30: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Lot and Block

• Provides for the subdivision of a tract of land– Divided into blocks consisting of many

individual lots

• Inspired the term subdivision– Legal description recorded as lot number and

block number of the named subdivision

• Used with metes and bounds and rectangular survey descriptions

Page 31: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Courtesy Register Mesne Conveyance, City of Charleston, SC

Lot and Block

Page 32: Legal Descriptions "The small landholders are the most precious part of a state." -Thomas Jefferson.

Image Sources

Microsoft, Inc. (2010). Clip art. Retrieved May 25, 2010, from http://office.microsoft.com/en-us/clipart/default.aspx

Istockphoto (2010). Stock photograph. Retrieved May 25, 2010, from http://istockphoto.com

Register Mesne Conveyance Office, City of Charleston, SC.