Beginning in 1785, a legal description of land emerged, whereby a legal description of the land would define where the property was located, including where it began and ended. There are various legal description methods that define land. They include the metes and bounds system, the rectangular survey system, and the lot and lock system.
Although it may seem obvious to buyers and sellers that land is any portion of the earth not covered by water, it is important to distinguish how land is described as it will determine the parameters of a given property. Without being able to accurately describe land, it would be nearly impossible for sellers or landlords to sell or rent their properties. Buyers and tenants must understand the subject property including the borders of the property.
Land is determined through the use of an APN or tax assessor’s parcel number. Street names with numbers help us identify property, but what happens when the property in question is large or borders many properties? The task of identifying land can become more difficult than simply having the property address. One must understand the borders of the property to identify the land.
Describing Land
Describing land by only using the street address pose a few complications, that is, land may be subdivided with lot size changes, street names may change, alley ways may affect the property description, driveways may be moved depending on subdivision or city codes, and the development of the property may alter the landscape of the property. To accurately describe land regardless of the condition of the land, the best method is to provide the legal description, APN, and street address. Using all three forms of land description will drastically reduce the chance that a buyer misunderstands the specifics of the property they are buying.
The need to define land and its division between owners has always been a central theme for government real estate agencies. In the past, property owners would thrash the corners and borders of the land to define a clear and division of the land. The theory in the past was that the thrashed corners would provide a simple divider between landowners. Beginning in 1785, a legal description of land emerged, whereby a legal description of the land would define where the property was located, including where it began and ended.
Today in the United States land is simply recorded at the county recorder’s office.
There are three methods of a land’s legal description. The three methods include:
Metes and bounds system
Rectangular survey system
Lot and block system
While it is acceptable for all three methods to be used, there is typically more than one method used to describe a given piece of land.
Metes and Bounds System
Metes and bounds is a real property measurement system used to describe land. It is the original land measurement system and is still used today, although it is more commonly applied for the assessment of larger properties such as farms and industrial buildings. In the metes and bounds system, land is marked using the land’s physical features in order to determine the property’s boundaries. Common physical features include rivers, lakes, rocks, boulders, trees, or other local geography. The features help define the distances and directions of the property. Additionally, the metes and bounds system also utilizes monuments and markers to define land. An example of a monument or marker can be fences, gates, doors, sheds, or backhouses.
Metes refer to the distance of one portion of the property to the other. It is measured in inches, feet, and yards.
Bounds refer to a natural feature such as a roadway or tree.
When defining an angle, measurements are given using north and south.
Although the metes and bounds system is no longer the preferred choice of buyers and sellers because ambiguity in the language may lead to confusion, larger properties still utilize this system where precision in defining the property is not required. For example, a large community or political subdivision would be too expensive to measure using other more precise methods of measurement. To save costs, the town may utilize the metes and bounds to define the town’s boundaries.
Defining Land Using the Metes and Bounds System
Describing land using the mete and bounds system begins with a place of beginning, which is the feature in which the directions are based. Using the place of beginning, surveyors follow the distance, direction and angle of the direction to measure the property.
Example
Beginning at the corner of the two largest oak trees near the lake on the south side of the backhouse half a mile from East Highway 91; then 50 degrees north of West 50 rods to the end of the brick wall nearing the horse stable; then 25 degrees west of north for 50 yards, then following the lake 150 rods.”
Although the above may seem confusing, this is one of the more simple and easy to understand examples of the metes and bounds system. As you can see there is great room for confusion to the average person which is why this system is not preferential. Also, because the system may be confusing, the potential or litigation increases dramatically.
Over the course of time, physical features, monuments, and markers may change, thereby affecting the description produced by the metes and bound system. As old trees may decompose or be removed and markers disappear, the task of defining property becomes impossible using this system. Should physical features change over time, distances take precedent in defining land boundaries.
The additional problem with using the metes and bounds system is its room for error. Using a complex series of directions is very confusing and not as accurate as other methods. Additionally, because only professional surveyors have the ability to understand the description, this method proves useless for buyers and sellers. As a result, California is one state that does not typically utilize the metes and bounds system to define property. Although this system may be used as a supplement to other systems, by and large it is rarely used today.
Rectangular Survey System
The rectangular survey system, also known as public land survey system, is the primary land measurement system used by the government to define public land. The system may also be referred to as the section and township system or U.S. government survey system. Regardless of what the system is named, the U.S. Surveyor General is tasked with measuring public land and defining public and private boundaries for the government.
The rectangular survey system measures land using square miles as a basis for description. A unit of land is almost 24 square miles. The boundaries form base lines which go east and west, while the guide meridian runs north and south. The 24-mile square area is split into six square mile portions of land called townships. The six-square mile township is then divided into 36 sections, each equivalent to one square mile. Further subdivision may divide the land into quarter sections and other smaller lots. A physical marker is typically installed into the ground to indicate the presence of a boundary. Survey descriptions use compass points. Compass points are labeled first using the smallest area and then the largest area.
Measurement of land using this system begins with a starting point, whereby the rest of the survey is based on. The starting point is the area used where the longitude and latitude of the land will be determined. The initial point is then used to define the principal meridian which runs north and south with a base line that runs east and west. The meridian and base lines essentially run perpendicular to each other as they cross paths. The six square mile points are marked as strips of land that are six miles wide and are numbered from east and west of the meridian. This means the first township that is north of the base line and east of the meridian is labeled as Township 1 North, Range 1 East, and the proceeding townships are labeled as North 2 and East 2, or North 3 and East 3.
The earth’s natural curvature does not allow an equal system where all townships are parallel to each other. To address this issue, the general surveyor utilizes a correction line between every four townships to properly establish boundaries. The difficulties with this system include the fact that property shapes are irregular and physical features change over time, making it very difficult to accurately measure land.
The rectangular survey system was created in 1785 through the Land Ordinance of 1785. The idea of the measurement system was originally proposed by Thomas Jefferson after the revolutionary war. Knowing that after the war the government would be responsible to divide newly acquired land amongst soldiers and private citizens, the United States implemented Jefferson’s suggestion. After the passage of Northwest Ordinance of 1787, land began being divided to private citizens using this land measurement system.
Lot and Block System
A lot and block system is the most commonly used land measurement system for metropolitan and suburban communities. Also known as a recorded plat survey, or recorded map survey, this method is used to define the location of a property and its boundaries. Before the lot and block system is utilized, a large segment of property will be subdivided into smaller tracts, typically using the metes and bounds system.
Once the larger portion of the land is divided, the lot and block system will be used to further reduce the property into smaller segments. The purpose of using this form of land measurement system is to accurately describe the subject property to the most minute level. Unlike other methods which use estimates or descriptions which may be viewed as ambiguous or difficult to understand, the lot and block system is a detailed and easy to understand measurement method.
Once the land is approved for subdivision using the measurements of the lot and block system, the plat map is executed indicating the division of land. Approval of the measurements is accepted by the county recorder’s office who will then record the lot for public records. Each subdivided lot will then be given its own legal description and identifying name. This system is typically the one used for residential real estate and is utilized by buyers, sellers, and real estate professionals to understand the official lot being bought, sold, or transferred.
Of all the land measurement models, the lot and block system is the easiest to understand for average consumers. For this reason, this is the system utilized by most county recorder’s office as the standard land measurement tool. The lot and block description typically includes all of the following: city name, county name, APN Number, street number and name of street, including a legal description of where the property begins and ends, its boundaries, and the location of the recording of the description. To be more specific in the description of the property, one could also reference the book and page number of the county recorders book of records.
Example
Prospective buyer Sam Krockyan wishes to purchase the property on Elm Street as his primary residence. Sam is potentially interested in buying the house because of its location close to the city and the possibility that he could grow his dream garden in the backyard. Buying the house for Sam is dependent on the boundaries of the house and where the home begins and ends. Sam asks the seller Mary Joseph to provide him with the legal description of the property. How would Mary get the official description of the property?
Mary should go to the county recorder’s office and request the legal description of the property. Once she gets the legal description it will describe the property as 265 S. Elm Street, lot 14 of block 8, as shown in Book 19, Page 123, recorded on 12-12-1960.
