Nicolet Area Technical CollegeDevon Vanden Heuvel

© 2011

Description Writing and Interpretation

Legal Description(Property Description)

Blacks Law Dictionary defines it as:

Blacks does not define “legal description” so it must not exist

Legal: Proper or sufficient to be recognized by the law; … competent or adequate to fulfill the requirements of the law.

Description: That part of a conveyance … which identifies the land or premises intended to be affected.

That part of a document that identifies the what and where of

a real property transaction,

In Laymen's’ Terms:

◦Transaction for the sale of real estate

◦Transaction may be for an easement, contract, mortgage or other real estate transaction

◦Transaction may relate to rights on,, above, or below the surface of the earth,

A Description Identifies: A unique parcel of land or location where

some sort of legal rights are given or received.

John’s Little Acre:

Descriptions can change over time but they should still represent the same parcel of land

To be legally sufficient a competent surveyor must be able to place the description on the ground◦ Surveyors must put meaning to the words of the

description based on his/her experience and training

Description Must Be Legally Sufficient

1. Precision of statement of items involved2. Complete definition of all terms3. Susceptibility of proper legal interpretation4. Freedom from conflicts in recitals5. Freedom from conflict with descriptions of adjoiners6. Definite showing of intent7. Mathematical and physical accuracy of dimensions8. Physical locatability through accurate analysis of its

terms9. Clarity of expression10. Freedom from excess verbiage and redundancy11. Brevity without uncertainty or ambiguity 12. Symmetry

12 Essential Features of a DescriptionFrom the Book “Land Survey Descriptions” by Wattles

Potential for additional cost to the land owner in future retracement

May cost land owner additional money to settle boundary disputes or problems

Potential for gaps or overlaps Creates ambiguity and uncertainty of the

location May cause deed to be invalidated

What are the Ramifications of Poorly Written Descriptions?

In order to adequately protect the rights of the individual the description needs to be clearly written in an unambiguous way that can be easily interpreted by future individuals or a court of law in necessary.

◦ Make it easy enough to interpret so it does not go to court.

◦ Keep in mind the potential for future disputes and future costs for survey and sale.

Caption: gives the general location of the parcel

Body: the description of the parcel

Qualifying clauses: takes something away from the parcel described in the body◦ Subject to an easement for construction of utilities

to the adjoining parcel

Augmenting clause: gives something in addition to the body, ◦ easement for ingress-egress across adjoining land

Parts of a Description

Perimeter Metes

BoundsMetes & Bounds

Strip (“a strip of land lying 50 ft on each side of the centerline of S.T.H. “45”)

Reference Aliquot parts (the NE1/4-SE1/4 Section 22, T.36N,

R.9E.) Lot & block CSM

Division Line (all of Section 12 lying west of S.T.H. “45”)

Types of Descriptions

“Of Descriptions◦ Distance (the west 200 ft of Lot 6)

Proportion (the west half of Lot 6) Exception (all of Lot 2 except the easterly 50 ft) Area (the west 5 acres of Lot 6) Combination of any of the above

What can we do better as surveyors to improve the

descriptions we write?

How will it be enforced by the courts

How may the description become an issue in the future

It clearly conforms to the intent of the parties

Keep the language simple and concise

Write it as if it were for your mother

Write the description in such a manner that an individual considering challenging it will believe they have little to no chance of success.

Call for a survey or lines run on the ground

Call for a monument◦ Natural: River, lake◦ Artificial: iron pipe◦ Record: to locate the record, first obtain a copy of the record

describing the monument then locate the boundary relative to the record.

Call for Adjoiners: must be senior in title

Direction and Distance

Direction or Distance◦ Coordinates: considered subordinate because they are a result of

a bearing and distance

Area

Understand the Priority of Calls in a Description

Adjacent: means "lying near or close to." It implies that the two objects are not widely separated, but may not actually touch.

Contiguous: In close proximity; near, though not in contact

Avoid using these terms if the intent is that the objects actually touch

Along: it does not necessarily mean touching at all points. It does not necessarily imply contact. Webster’s says: In line with: following the course of

◦ Along the lakeshore on a lakeshore meander line …◦ Along the north line of the NE1/4-SE1/4 …◦ Along the centerline …

Adjacent, Contiguous, & Along

The Use Of The Term Along

Abut: Joins at a border or boundary, as where no other land, road or street intervenes.◦ Lot 13 abuts Dutch Road

Adjoining: To be in contact with, touching.◦ A 10’ wide easement adjoining the east line …

Coincident: Occupying the same point. Matching point for point.◦ … thence N76º27’41”E, a distance of 651.76 feet coincident with

the west right of way of county highway “G” …

◦ Thence northerly coincident with the west right of way of Dutch Road …

Use these terms where two objects are intended to actually touch. 

Adjoining, Coincident With, & Abut

  If a deed contains a specific description of

the property such as by government survey, metes and bounds or reference to a plat, together with a statement of the acreage, the more certain description by boundaries prevails over the statement of acreage unless an intent to convey a certain quantity is manifest.

Conflict Between Specific Description And Statement Of Acreage

Beginning at the Southeast corner of Section 10, T.31N., R.7E. Thence West, 210.00’ along the south. line of the SE1/4 of said section 10; thence North, 210.00’ parallel to the east line of the SE1/4; thence East 210.00’ parallel to the south line of said SE1/4 to the east line of said SE1/4; thence South, 210.00’ along said east line to the point of beginning. Said parcel contains 1 acre.

Example 1

A 1.00 acre parcel of land in the southeast corner of the SE1/4 of Section 10, T.31N., R.7E approximately 210’ on each side.

The call for 1.00 acres would be viewed as more definite because of the wording “approximately”.

Example 2

Total area by survey is 155 acres

Parcel “A”: The south 75 acres

Parcel “B”: The north 80 acres

Acreage as the basis of the parcel S75º36’E

S89º27’E

In the absence of qualifying terms a given area of land on the side of a tract will include such quantity in the form of a parallelogram as nearly as possible

Parcel “A”:

Parcel “B”:

The Easterly 50 feet of Lot 12 of Sunshine Acres◦ The 50 feet: Courts generally will interpret in favor of

the Grantee giving them the maximum amount of land

◦ Implied Parallelism

Making The Calls

LOT 12

150.00’100

.00’

145.00’

100

.12’

50’

These type of statements can create ambiguity in an irregular parcel.

Implied Parallelism

The Westerly 50’ or50’ parallel to the west line of Lot 7 …

50’

50’ Lot 7

The east one-half of lot 16 being 100.00 feet wide.

What was the intent?

Statements to avoid:

LOT 16

198.76’ (M)200.00’ (R)

200.00’ (R)199.02’ (M)

The east one-half of lot 16 What was the intent, but what did they do.

What if the ownership extends to the centerline of the street or road

LOT 16

200.00’

230.00’

30’

Tow

n R

oad

200.00’

230.00’

100.00’

115.00’

The east one-half of lot 16 Bearing of dividing line will be on a

mean bearing of the two side lot lines

Nearly parallel side lot lines in “of” descriptions

LOT 16

201.69’

N0º0

0’0

0”E

200.00’

N1º0

0’0

0”E

N0º3

0’0

0”E

The west 1/2

• Is this intended to be by area

• Or is it intended to be by distances

Al is going to sell the east half of Lot 1 of Quiet Acres to Bob.

OOPS! Al conveys the west half of Lot 1 to Bob.

Al later conveys the east half of Lot 1 to Bob by a deed containing a recital that it was executed to correct an erroneous description in the previous deed.

Erroneous Descriptions Happen

All of Lot 10 except the north 50 feet, except the west 75 feet.

Avoid Double Exceptions

200’

200’

150’

150’

50’

75’

Is the 75’ over the entire west side of lot 10

Or is it just over the north 50’ of lot 10

To is a word of exclusion◦ … Thence N86°45;36”E, 582.49 feet to an iron pipe …

Informative calls for bearing and distance (N86°45;36”E, 582.49 ) yield when the word “TO” is used.

When you spot precise calls like this you should be on the lookout for a survey that is on record somewhere.

Use of the word “TO”

Informative calls for bearing and distance

Thence N86°45’E, 582.5’

Thence N86°45’E, 582.5’ to an iron pipe …

Thence N86°45’36”E, a distance of 582.49’ to an iron pipe

Implied accuracies can indicate and date a potential survey

The value of the words themselves as evidence of a survey

Latent Ambiguity

On the face this description appears sufficient, but when calculations are performed in an attempt to apply it to the ground the parcel does not close. Further analysis identifies a likely typographical error. Bearing should be N36º07’W

Latent ambiguities may cause you to go outside the writings to determine intent

Need a minimum of two elements of the curve◦ Three is better

Need the direction of the curve The direction of travel along curve The relationship of the curve to the next

course if not tangent to. ◦ Curves are presumed to be tangent curves unless

specifically identified as non-tangent

How to describe curved boundaries

When only two elements are given and nothing indicates which is correct the first stated element is preferred.◦ L=264.35’; R=375.28’;

When three elements are given the first two are preferred.◦ R=375.28’; L=264.35’; LC=251.36’

Generally if one of the elements is not an odd measurement it will be preferred.◦ L=264.35’; LC=251.36’; R=375.00’

When elements of a curve conflict

…thence N69º38’32”E a distance of 55.11 feet along said right of way to ¾” iron rod and a point of curvature; thence easterly along the arc of a curve concave to the south, having a radius of 377.71 feet (the chord of which bears S87º40’47”E, 278.68 feet) a distance of 285.42 feet to a ¾” iron rod and the terminus of the curve; …When three elements are given the first two are preferred. What is going to be given preference here?

thence easterly along the arc of a curve concave to the south, having a radius of 377.71 feet, a distance of 285.42 feet (the chord of which bears S87º40’47”E, 278.68 feet) to a ¾” iron rod and the terminus of the curve; …

When three elements are given the first two are preferred.

Often a metes and bounds description accompanies a map.◦ Certified Survey Map◦ Plat of Survey

A call for the map includes every bearing, distance, monument and anything else shown on the map.

We can abbreviate the description to save map space. Right?

Survey Map With Description

Copy of Recorded CSM

Fewer calls are needed on a CSM description because map is part of description, right?

Until It Ends Up Here!

CSM description simply copied onto a deed

Strip Conveyance

10’10’2 0’

When used in strip conveyances choose the correct term.

Either: implies choice is given, does not imply both or all sides.◦ A utility easement 10 feet wide on either side of the centerline

…

Each: refers to every one of the persons, things, or sides mentioned.◦ A utility easement 10 feet wide on each side of the centerline …

Both: the one and the other; the two without the exception of either◦ A utility easement 10 feet wide on both sides of the centerline

…

Either, Each, & Both

Call for Adjoiners

I first have to track my parcel back to it’s parent deed. Then I have to determine what lands Lampson conveyed to Loveless prior to the creation of my parcel. Lastly I have to determine the location of the Loveless boundary

If you want to call out a specific senior boundary would it be easier to call out the specific volume and page or document number?

… thence S85º12’14”E, a distance of 152.15 feet to a 1” iron pipe on the easterly line of a parcel described in volume 674 on page 382…

… thence S85º12’14”E, a distance of 152.15 feet to a 1” iron pipe that is 265.00 feet from the Northwest corner of said section…

What if you find an iron pipe that is only 255.12 feet from the Northwest corner

Avoid Calls From Two Directions

1. Precision of statement of items involved2. Complete definition of all terms3. Susceptibility of proper legal interpretation4. Freedom from conflicts in recitals5. Freedom from conflict with descriptions of adjoiners6. Definite showing of intent7. Mathematical and physical accuracy of dimensions8. Physical locatability through accurate analysis of its

terms9. Clarity of expression10. Freedom from excess verbiage and redundancy11. Brevity without uncertainty or ambiguity 12. Symmetry

12 Essential Features of a DescriptionFrom the Book “Land Survey Descriptions” by Wattles

Caption with title identity◦ State, County, city◦ Subdivision name, plat name◦ Town, range, section, ¼ section

Seniority of deeds and record monuments◦ Exact wording of adjoining deed when describing the line along a senior

deed◦ Call for property lines of equal rights◦ Proper identifier of senior deed or property lines of equal rights

Call for a survey◦ Indirect: a call for a plat that calls for a survey◦ Direct call for a survey: identify where the survey is recorded, date and

surveyor name Point of commencement

◦ Certainty for present and future identity◦ Compatibility with previous deeds

Point of beginning◦ Correct measurements from POC, Certainty of identity

Checklist for General Descriptions

Call for physical monuments found or set◦ Described for present and future identity

Call for natural monuments◦ General identity: Pelican River◦ Locative position of monument: westerly shore

Directions & Distances◦ Consistent units of measurement

Curves: proper elements defined Coordinates

◦ System or Origin Area

◦ Controlling or informative, Precision shown Calculations “Of” conveyances

◦ Westerly ½ - define the direction of the dividing line◦ Northerly 10 acres - define the dividing line

Strip conveyances◦ Use each side and not either side

Intent: does the description clearly define what the owner wanted done

Checklist for General Descriptions cont.

Equipment changes;◦ compass, transit, theodolite, GPS

PLSS corners get lost or moved Units of measurement change

◦ Chains, rods, feet Terminology changes

The location of the description cannot change!

Remember John’s Little Acre