LEGAL DESCRIPTION
Understanding Legal Descriptions in Real Estate
The Government Rectangular Survey
The government rectangular survey, also known as the Public Land Survey System (PLSS), is a method used to legally describe and identify land in the United States. Under this system, land is divided into a series of rectangular parcels, typically referred to as townships and sections. Each township is further divided into 36 sections, and each section contains 640 acres. This method provides a systematic way of identifying and locating parcels of land, making it easier to establish boundaries and ownership.
Advantages of the Government Rectangular Survey
Provides a standardized and systematic way of identifying land parcels
Simplifies the process of establishing boundaries and determining property ownership
Facilitates the transfer of land by providing a clear and consistent method of legal description
Metes and Bounds
The metes and bounds method is one of the oldest systems for legally describing land. This method relies on a property's physical features and boundaries to define its perimeter. It involves using distances and angles to outline the boundaries of a property, often starting and ending at a point of beginning (POB). While this method can be effective for describing irregularly shaped parcels of land, it may be more prone to ambiguities and disputes due to its reliance on physical features that can change over time.
Characteristics of Metes and Bounds
Characteristics of Metes and Bounds
Relies on physical features and boundary markers to define property lines
Often uses bearings and distances to describe the boundaries of a property
Requires a clear and accurate description of the point of beginning (POB) for reference
Recorded Plat (Lot and Block Number)
In some urban and suburban areas, real estate is legally described using a recorded plat, which divides the land into lots and blocks. A plat map is created to illustrate the layout of these lots and blocks within a subdivision. Each individual lot is assigned a specific number within a block, and the recorded plat serves as the legal framework for defining the boundaries of each lot.
Benefits of Recorded Plat Descriptions
Provides a clear and standardized method of identifying properties within a subdivision
Simplifies the process of conveying property by referencing lot and block numbers
Facilitates the establishment of uniform building and zoning regulations within a subdivision
Conclusion
In conclusion, the legal description of real estate is a critical aspect of property ownership and transfer. Whether utilizing the government rectangular survey, metes and bounds, or recorded plat methods, each approach offers its own advantages and considerations. Understanding these methods is essential for anyone involved in real estate transactions, as it ensures clarity and precision in identifying and describing properties within the bounds of the law.
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