modern real estate practice in pennsylvania 12th edition chapter 4: legal descriptions

Modern Real Estate Practice in Pennsylvania 12th Edition

Chapter 4: Legal Descriptions

2©2012 Kaplan, Inc.

4 Legal Descriptions

• Learning objectives– Identify three methods of describing real estate– Describe how a survey is prepared– Explain how to read lot-and-block and metes

and bounds descriptions– Distinguish various units of land measurement– Define key terms

Practical Goal

Identify real estate and describe it with an offer to purchase property

Property Description paragraph from the PAR “Agreement of Sale”

©2012 Kaplan, Inc. 3


• Describing land– “Commonly known as” – 1313 Mockingbird Lane

• Legally sufficient– Accepted in court of law– Based on survey



• Methods of describing land– Metes and bounds– Rectangular (government) survey system– Lot and block (recorded plat)



In Pennsylvania• Legal descriptions

– Metes and bounds — oldest used form of legal description

– Lot and block — commonly used for subdivisions



• Metes and bounds– Starts and ends the point of beginning (POB)

• Proceeds clockwise around boundaries• Measurements: “more or less” (Metes = Distance)

– Linear boundaries (Bounds = Directions)– Monuments (fixed objects)

• Used to be rocks or streams• Now, often rebar


Frontage



• Monuments and boundaries– Complex

descriptions require surveyor

– Problems with deterioration of monuments

– Consult surveyor!


From Dearborn Real Estate Education, “Essentials of NJ Real Estate”


• Lot-and-block system– Lot and block numbers referred to in a plat map– Map filed in the recorder or deeds office in

county where parcels are located




In Pennsylvania• Lot and block

– Subdivision plat by surveyor or engineer– Metes and bounds developed– Identifies parcels that will be subdivided– Lot and block refers to original M-&-Bs

• PA Municipalities Planning Code defines a subdivision as two or more lots, tracts or parcels, unless for agricultural purposes


Subdivision Plat Map (4.2)



• Rectangular survey (Government Survey System is not used in PA)

• Based on sets of two intersecting lines:– Principal meridians — north and south– Base lines — east and west– Use degrees of longitude and latitude

• Further divided into townships and sections– Each section is one mile square containing 640 acres– Each township is 6 miles square containing 36 square

miles 13©2012 Kaplan, Inc.

Rectangular System




• Preparing a survey– Only licensed surveyor or title attorney should

create or alter legal descriptions.• Spot surveys show size, shape, and location

of buildings



• Spot Survey– Shows location and size

of improvements to land

– Surveys not required to transfer property in PA

– Always required when subdividing

• Lender may require one



• In Practice– Because land is transferred frequently, legal

description must be identical– Incorrect descriptions create title issues– Avoid discrepancies and errors to reduce legal

problems



• Measuring elevations– Subdivided air creates air lots

• Condominiums – Plat must show elevations of floors– Must define vertical and horizontal dimensions of

the floors and units• Subsurface rights face similar issues



• Datum– A point, line, or surface from which elevations are

measured or indicated– USGS (U.S. Geological Survey): mean sea level at New York

Harbor– Chicago: low-water level of Lake Michigan– Establishes the height of structures or the grades of streets– Large cities establish a local datum

• Benchmark– Permanent reference points– Local benchmarks simplify surveying



• Land units and measurements– Acre: 43,560 square feet, 160 square rods– Mile: 5,280 square feet—1,760 square yards, 320

rods– Kilometer: 0.62 miles– Section: 1 mile square, 640 acres (160 acres =

a quarter section)– Square yard: 9 square feet– Square foot: 144 square inches– Cubic yard: 27 cubic feet


modern real estate practice in pennsylvania 12th edition chapter 4: legal descriptions

Documents