2. Objectives
• After reading this chapter, you should be able
to
– Read and understand three types of legal
descriptions.
• Government rectangular survey description
• Platted description
• Metes and bounds description
3. Objectives
• After reading this chapter, you should be able
to
– Review surveys.
– Review a land survey for the accuracy of a legal
description.
– Prepare a legal description from a land survey.
4. The Survey
• Surveyor evaluates real property to locate
physical limits of a particular parcel of land
• Surveyor uses physical field evidence, written
record evidence, and field measurements
• Surveyor forms opinion as to property lines
• Surveyor prepares map (plat)
– Known as a survey
5. The Survey
• Boundary survey
– Boundaries of land in question and physical
description
• As-built survey
– Locates all physical improvements and natural
features
• Includes easements and setbacks
6. The Survey
• Survey should provide paralegal with the
following:
– State, county, land district, and section where the
property surveyed is located
– Indication of which direction on the survey is
north
– Point of beginning for land description
7. The Survey
• Survey should provide paralegal with the
following:
– Courses and distances for each property line
– Name of surveyor
– Scale for distances not shown on the survey
– Legend of abbreviations or symbols used
• In most cases
8. Preparation of Surveys and
Survey Standards
• Surveyors and title insurance companies have
developed standards known as ALTA/ACSM
standards
– Revised in 2011
9. Preparation of Surveys and
Survey Standards
• When ordering a survey, paralegal should
provide
– Accurate legal description of the property
– Current title insurance commitment
– Copies of all recorded easements, servitudes, and
covenants affecting the property
– Copies of any appurtenant easements
– Names and deed data for all adjacent owners
10. Land Descriptions
• Government rectangular survey description
– Based on sets of two intersecting hypothetical
lines:
• Principal meridians
– Distance in degrees, minutes, and seconds west of Greenwich
meridian
• Base lines
– Certain number of degrees north of equator
11. Land Descriptions
• Township or range lines
– Township lines run east and west at 6-mile
intervals parallel with base lines
– Range lines run north and south at 6-mile intervals
parallel with meridians
– Squares of land formed by the intersecting
township lines and range lines are called
townships
12. Land Descriptions
• Correction lines and guide meridians
– Correction lines
• Because the earth is round, in the United States,
northern boundary lines would be approximately 50 to
200 feet shorter than southern boundary lines
• Correction lines are used to compensate for these
shortages
• Each fourth township line (24 miles) north and south of
a base line is designated as a correction line
13. Land Descriptions
• Correction lines and guide meridians
– Guide meridians
• Run north and south at 24-mile intervals on either side
of the principal meridian
• Begin at the base line and extend to the first correction
line in either direction
• Are not parallel to the principal meridians or to one
another
14. Land Descriptions
• Township squares
– Identified by
• Location of a township’s strip where the township is
located
• Designation of range strip
• Name or number of closest principal meridian
15. Land Descriptions
• Sections
– 36-square-mile township divided into 36 sections
• Each 1-mile square is 640 acres
– Numbered consecutively from 1 to 36
• Beginning at northeast corner of township
– Divided into quarter sections
• Then into halves or quarters
16. Land Descriptions
• Platted description
– Short-form description of a piece of land by
reference to a recorded survey or plat
– First requirement is that surveyor prepare the plat
– The plat is then recorded in the county where the
land is located
17. Land Descriptions
• Metes and bounds description
– Sets forth and completely describes boundary
lines of land
– Usually begins with an introduction that locates
the land in a general part of the state
18. Land Descriptions
• Metes and bounds description
– Each boundary line (“call”) is described by course
and distance
• Course
– Direction the boundary line travels
• Distance
– Length of the boundary line
19. Land Descriptions
• Curved property lines
– Surveyor should note
• Arc distance of curve
• Radius distance of curve
• Chord course
– A straight line drawn from the beginning point of arc to the
ending point of arc
• Distance of chord
20. Land Descriptions
• Closure
– Metes and bounds description must close
– Legal description starts at a beginning point,
follows each boundary line by course and
distance, and ends back at the beginning point
– If land description does not close, it is defective
21. Land Descriptions
• Practice tips on metes and bounds legal
descriptions
– Basic requirements
• Identification of land
• Beginning point
• Compass direction and distances from one point to the
next
• Return to the beginning point
– Usually cannot be prepared without a survey
22. Practice Tips for
Reviewing a Survey
• To review a survey, paralegal should have
– Survey
– Title commitment
• Also known as title report
– Survey checklist
– Marking pens
23. Practice Tips for
Reviewing a Survey
• Key objectives
– Make sure surveyor has provided basic
information
– Determine whether survey description matches
legal description in deed or land records
– Locate easements or encumbrances (including
numbers and locations), utilities easements, and
vehicular access
24. Practice Tips for
Reviewing a Survey
• Key objectives
– Locate any improvements and possible
encroachments
– Research any zoning or private restrictions on use
of land
– Discover if property is in flood hazard area
25. Ethics: Competency
• ABA Code of Professional Responsibility
provides that a lawyer should represent a
client competently
• Paralegals have a duty to do work diligently
and study whatever is necessary to perform
the work competently
– Ask for help from title companies, surveyors, or
other professionals under supervision of attorney
26. Summary
• Land survey is critical part of any real estate
transaction
• Surveyor describes boundaries and legal
description of real property, easements,
utilities, access, and improvements
27. Summary
• Paralegals must have full knowledge of land
descriptions and survey requirements to
better serve clients