Chapter 4 : Property Description

Question 1

LEGAL DESCRIPTION

Answer 1

Exact way of describing real estate in
* any contract to convey real property
* any deed
*mortgage
*court accepted document
*NOT street addresses unless "commonly   
    known as" is used
*should ALWAYS include name of county and    
     state
1) metes and bounds
2) Gov't Survey (not used in NC)
3) Reference to a Recorded Plat
4) Ref to a Publicly Recorded doc that 
        contains a legal description

Question 2

Informal Description or Reference

Answer 2

Street address standing alone

Question 3

Metes & Bounds

Answer 3

• earliest form of legal description
• primary method still used in 13 original colonies
• Shows boundaries of parcels where they meet.
• starts at POB and proceeds clockwise or counterclockwise by way of “Calls”
• distance between monuments takes precedence or any linear measurement if they differ.

Question 4

Point of Beginning (POB): metes and bounds

Answer 4

definitely designated place

Question 5

Calls: Metes & Bounds

Answer 5

Linear measurements and compass directions used in metes and bounds.

• Metes= Distance
• Direction = Bounds
• Begins with North or South, then East or West
• Always ends at POB

Question 6

Monuments: Metes & Bounds

Answer 6

1) fixed objects used to establish real estate boundaries.
* stones
* large trees
* lakes
* streams
* streets
* highways
* survey markers
2) Measurements referred to as “more or less”
3) location of is more important than distance

Question 7

Rectangular ‘Government Survey System’

Answer 7

established 1785
standardized the description of land aquired by federal government
*land divided into rectangles
*based on Principle Meridians & Base Lines referenced by location of longitude and latitude.

Question 8

Principal Meridians: Gov’t Survey System

Answer 8

• 37 in US
• Run North and South
• Often relate to more than one state and
  can also relate to two base lines.
• referenced by longitude and latitude
• no parcel of land is described by
  reference to more than one principal
  meridian.

Question 9

Base Lines: Gov’t Survey System

Answer 9

• Run East & West

* Referenced by longitude and latitude

Question 10

Ranges : Gov’t Survey System

Answer 10

• North & South strips of land on either side
  (parallel) of a principal meridian.
• 6 miles wide
• designated by consecutive #’s east or west of principal meridian.

Question 11

Township Tiers: Gov’t Survey System

Answer 11

• Township lines running East & West
• Parallel to base line
• 6 miles apart
• designated by consecutive #’s North or
  South of the base line

Question 12

Township Squares: Gov’t Survey System

Answer 12

• When horizontal township lines and vertical
  range lines intersect forming squares.
• Basic units of the rectangular survey system

Question 13

Townships

Answer 13

• 6 miles square
• 36 square miles/ 36 sections
• 23, 040 acres
  Legal description includes
  1) designation of township tier
  2) designation of the range strip
  3) Name or # of the principal meridian for that
  area.
  *numbered right to left, left to right etc.

Question 14

Sections: Gov’t Survey System

Answer 14

• 36 in each township
• 1 square mile
• 640 acres
• 43,560 sq feet in each acre
• divided into halves = 320 acres
• divided into quarters = 160 acres

Question 15

Section 16

Answer 15

by law set aside for school purposes

Question 16

Reference to a Recorded Plat (Lot & Block)

Answer 16

* 2nd method of land description used in 
     NC
* uses lot and block numbers/plat or 
    subdivision
* placed in Register of Deeds of county
* Most common and worry free method 
     used in urban areas.

Question 17

Plat Map

Answer 17

created by licensed surveyor or engineer

• lot sizes and street details
• when referenced
  
  • lot and block number
  • name or number
  • name of county & state

Question 18

Reference to a Recorded Deed

Answer 18

• 3rd method of land description used in
  NC
• usually references an earlier deed to
  identical property
• Deeds do not make reference to buildings
• Legal Descriptions that should be
  prepared by professional land surveyor or
  Lawyer only as affects title.

Question 19

Informal References

Answer 19

Street Address
*often used in
short term lease agreements
listing contract

Question 20

Survey

Answer 20

*sets forth the legal description of the property

Question 21

Survey Sketch

Answer 21

Shows location & dimensions of parcel

Question 22

Physical Survey, Mortgage Location Survey or Identification Survey

Answer 22

Shows
* Location, size, & shape of buildings on the
lot.

Question 23

Topographic Survey/ Topo Survey

Answer 23

Shows

* lay of the land : hills & valleys