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2.1 Metes & Bounds Descriptions Original Concept The earliest known type of land description is the "bounded" description, based on the land's relation to its natural and cultural features. Originally, adjacent landowners, trees, rocks, rivers, traveled ways, and so forth were used to describe the extent of property. Development of the metes and bounds description was augmented by the evolution of surveying technology and equipment. A few hundred years ago a buyer and seller would walk the perimeter of a tract and observe the monuments or place new ones and consummate the transfer with the seller picking up a stone or twig from the land and handing it to the buyer. Later they would describe the land in a document (because people are forgetful) and walk the lines. The walking and transfer of objects from the land involved was called the action of “livery of seizin.” It was common in England but was not continued by the colonists of the New World. This was the “bounded” portion of the metes and bounds description. Originally, adjacent landowners, trees, rocks, rivers, traveled ways and so forth were used to describe the perimeter of the property. With the development of better equipment, that equipment’s reduced cost, the evolution of surveying techniques, and the desire of the public to more accurately define what they were doing, the addition of the “metes” portion to the metes and bounds description became feasible. By the time of the break with England, the metes and bounds description was prevalent in, what was to become the United States. The system of metes and bounds is and was used to survey and describe land in the original thirteen colonies. Corners were usually artificial landmarks not of a permanent character. Tree, stumps, bends in creeks, etc., were used and they tend to disappear or change over a time span of several generations. Items of a permanent nature were seldom used and the surveyor and mapper’s notes of a survey of land were often incomplete. People simply didn’t have the concept in their minds of permanent as far as descriptions were concerned. They knew what they were transferring and that was as far as their minds would carry it. Also, while considerably better than earlier equipment, the surveying equipment of the time was less than accurate. Metes and bounds property descriptions must have a point of beginning, usually a physical feature such as a stake, fence post, or road intersection. In recent years, artificial permanent monuments such as metal pipes, steel pins, or concrete posts have replaced natural features. Early descriptions, with lengths shown in chains, poles, and rods, are being replaced by measurements in feet and decimals. Bearings may be to magnetic north or to true north, the latter being preferable. Current descriptions, although developed with modern surveying technology and equipment, will still often refer to the natural features found. This enables someone other than the surveyor to locate the points and trace the description on the ground. When the lines of an old survey are being relocated, or a discrepancy exists between two tracts, the following precedence (weight of importance) usually applies:

1. Monuments (natural and man-made) 4. Direction 2. Monuments control courses 5. Size (Quantity of acreage) 3. Distance

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Monuments Monuments are classified as either natural or artificial. Naturally occurring monuments such as rivers, lakes, oceans, cliffs, trees, hills, and large boulders are permanent objects found on the land as they were placed by nature and are usually considered controlling over artificial monuments (man-made) such as iron stakes, wooden stakes, rock mounds, stones, and wooden fences. Some man-made monuments, because of the certainty of location, visibility, stability and permanence, are considered equal in rank to natural monuments. In this classification would fall sidewalks, street paving, curbs, wells, canals, concrete buildings, and concrete fences. A good monument should possess the quality of being easily visible, clearly identifiable, stable in location, permanent in character, and nondependent upon measurement for its location. Artificial monuments possess the qualities of a natural monument to a lesser degree. Thus a stake placed in the ground will rust or rot with time and is less permanent than a large boulder. A stake is easier to move than a boulder and is therefore less stable. The following example shows how a call for one item takes precedence over another. A description states that a certain line goes from the road a distance of 500 feet to a stream. If the distance from the road to the stream is actually 1,000 feet, the line should go to the stream and the distance given should be ignored. (A call for a monument takes precedence over a call for a distance.) ADJOINING OWNERS Adjoining owners are the owners of property adjacent to the subject property. The adjoining owners’ deed controls the location of the common boundary between the two. DISTANCE Distance is the length of the line between two points. Direction is the line or course between two points. SIZE Size refers to the acreage. For example, some old descriptions state: twelve acres of land in the Northwest corner of Alexander Jones property. "INTENT" is a term used to describe the probable intentions of the grantor and grantee. Surveyors, lawyers, and occasionally non-specialists write descriptions. A single error, such as an improper numerical value or a misplaced word or punctuation mark, may result in litigation for several years or more if the intentions of the grantor and grantee are not fulfilled. Every attempt should be made to interpret what the actual intent was. A correctly written metes and bounds description of a parcel of property should contain:

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• Reference point (not a corner of the property), easily located and identified,

permanent, and near the property.

• Point of beginning, the first and last corner of property described. If the point of beginning is a prominent point, a reference point is not needed.

• Definite corners (clearly defined points are preferable, monuments such as iron pins). • Lengths (preferably in feet and decimals) and directions (by bearings) should be

given. Omitting a distance or bearing, even one to the point of beginning, can throw calculations. The date of the survey is important, especially if the bearings are computed from magnetic north.

• Names of adjoining property owners, to avoid claims for land in case an error in the

description leaves a gap. • Area, to help identify the property and specify the land conveyed.

• Lines, a line in a description is assumed to be the shortest horizontal distance between the

point called for unless the contrary is indicated by the writings. To be absolutely correct, a straight line curves with the surface of the earth; but the curvature is so slight that it is not considered in land descriptions. A line to be identified must have a positive definition of its starting point, a direction, and length. Free lines are not terminated by an adjoiner or monument as “beginning at a 2-inch iron pipe; thence N 60° 00 W, 200.00 feet to a blazed sycamore tree,” the terminus of the line is fixed by the tree; the line is not free. Many of the lines described in deeds are dependant upon monuments and are not free lines.

The metes and bounds system is useful in describing irregularly shaped parcels that could not be described by other accepted methods. The main disadvantage is that it may produce inadequate location of ownership due to inaccuracies of measuring methods and reliance on natural and cultural land features of a temporary rather than permanent nature.

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Format of a Description (In General) Just as a letter or book has various named portions, so does a description of the metes and bounds style. Since there are no formal requirements, the various authors have tended to be rather free in their use and terms of the various portions of a metes and bounds description. Generally, the basic parts of a metes and bounds description are as follows.

Caption-This is the part that is normally used to ordinate the reader to the general area of the lands to be included with in the description. The words in the caption can limit or control the words that follow.

Heading-After one has gotten the reader to the proper general location, this portion gets the reader from the point of Commencement (if any) to the Points of Beginning. Remember, in a metes and bounds description, one does not have to have a Point of Commencement, but a Point of Beginning is necessary.

Body – This portion generally contains all the various calls around the lands to be included

within the description. The word “call” is important because we will refer to each line in the metes and bounds description body as being a “call”. The calls are written in sequence as if you were walking around the perimeter of the property. Usually, but not always, the traverse will be in a clockwise direction

Closing (also known as Qualification) Section-After one is returned to the Point of Beginning

or the Point of Termination is reached, sometimes the author may feel that various statements are necessary to make the reader more knowledgeable of the author’s intent of the extent of the land included or of the control items under which the description was prepared. Words or phrases like the size of the parcel involved, the method of treating the beginning and starting “cutoff” lines of a strip description, the bearing basis etc.

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DESCRIPTION:

A parcel of land lying within Block 44, Decoster’s Addition to Harborview, a subdivision as recorded in Plat Book 1 on Page 24 of the Public Records of Charlotte County, Florida; said parcel being more specifically described as follows:

From the intersection of the Easterly right of way line of Date Street as shown on said plat and the Southerly right of way line of Harbor View Road (AKA Lime Street, State Road 776 and County Road 776) as shown on the right of way maps of State Road 776, Section 01560-2601 (being the same point of commencement as the description contained within Official Records Book (ORB) 0558 on Page 0892; thence continue N89’29’37”E along said Southerly right of way line a distance of 86.00 feet more or less to a point which lies S89’29’37” a distance of 114.00 feet from the Northeast corner of those lands as described with in said ORB 0558 on Page 0892 and to the POINT OF BEGINNING:

Thence continue N89’29’37”E along said Southerly right of way line a distance of 114.00 feet to the Northeast Corner of those lands described within said ORB 0558 on Page 0892; thence S00’22’54”E along the Easterly line of those lands as described within said ORB 0558 on Page 0892, a distance of 99.66 feet more or less to the intersection thereof with a line which lies 30 feet Northerly of and parallel with the Southerly line of those lands as described within said ORB 0558 on Page 0892; thence S89’28’56”W, along said parallel line, a distance of 114.00 feet; thence N00’22’54”W, parallel to the said Easterly line of those lands as described within said ORB 0558 on Page 0892, a distance of 99.88 feet more or less to the POINT OF BEGINNING.

Containing 0.261 acres, more or less.

The bearings as shown herein are based on the centerline of Harborview Road being N89’29’37”E

Caption

Heading

Body

Closing

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2.2 Deed Plotting Basic Equipment The scales used in the compilation of cadastral maps are engineer type, usually triangular or flat in design and either 6” or 12” in length. The division of a scale enables the mapper to measure a distance given in a deed description onto a map. The division can be used on a variety of scales. DIVISION SCALES 10 1” = 10’ 1” = 100' 1” = 1,000’ 1” = 10,000’ 20 1” = 20’ 1” = 200’ 1” = 2,000’ 1” = 20,000’ 30 1” = 30’ 1” = 300’ 1” = 3,000’ 1” = 30,000’ 40 1” = 40’ 1” = 400’ 1” = 4,000’ 1” = 40,000’ 50 1” = 50’ 1” = 500’ 1” = 5,000’ 1” = 50,000’ 60 1” = 60’ 1” = 600’ 1” = 6,000’ 1” = 60,000’ As shown in the following figure, a division of 10 can be used on a scale of either 1” = 10’ 1” = 100’, or 1” = 1000’. That is, on a scale of 1” = 100’, an inch on the map is equal to 100 feet on the ground. On a scale of 1” = 400’, and inch on the map is equal to 400 on the ground. MEASUREMENT IN INCHES 1 inch 2 inches 3 inches 4 inches If scale is 1” = 100’ 100 feet 200 feet 300 feet 400 feet 1” = 200’ 200 feet 400 feet 600 feet 800 feet 1” = 300’ 300 feet 600 feet 900 feet 1200 feet 1” = 400’ 400 feet 800 feet 1200 feet 1600 feet 1” = 500’ 500 feet 1000 feet 1500 feet 2000 feet EXERCISE: DETERMINE THE LENGTH OF THE FOLLOWING LINES 1” = 50’ 1” = 100’ 1” = 200’ 1” = 400’ Revised Page 2-8

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2.2 Deed Plotting Exercise DEED NUMBER 1 DEED BOOK: 1056 PAGE: 480 DATE: 3/14/1972 GRANTOR: RICHARD K. BLAIR AND WIFE, LINDA SUE BLAIR GRANTEE: RICHARD N. McCRACKEN AND WIFE, KAREN P. McCRACKEN BEGINNING at an iron stake in the center of a 60 foot public right of way, said iron stake being situate at the Northwest corner of that property heretofore conveyed by Marvin S. Mann and wife, Betty Jean W. Mann to Corlus B. Goodson and wife by deed dated the 31st day of January 1967 and duly recorded in Deed Book 955 at page 251, in the Office of the Register of Deeds for Buncombe County, N.C. and runs thence with Goodson's western property line South 23° 43' 20" East 367.84 feet to an iron stake, Goodson's southwest corner; thence South 68° 32' 40" West 100.54 feet to a white oak (Justice and Man corner); thence South 79° 07' 47" West 54.97 feet to an iron stake; runs thence North 23° 43' 20" West 351.86 feet to a point in the middle of said 60 foot right of way; thence North 66° 21' 40" East 153.95 feet to the point of BEGINNING. BEING a portion of that property conveyed by deed recorded in Deed Book 819 at page 155 and being also a portion of that lot conveyed by deed recorded in Deed Book 959 at page 319, in said Registry Office.

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DEED NUMBER 2 DEED BOOK: 1143 PAGE: 641 DATE: 6/10/1976 GRANTOR: MYRTLE I. EVANS AND HUSBAND WILLARD EVANS GRANTEE: ROBERT B. ROBINSON AND WIFE CLARISE C. ROBINSON BEGINNING at a stake, the common corner of the Harris property and the Grantor's property, which said Grantors property is particularly described in Deed Book 988 at page 475 in the Office of the Register of Deeds for Buncombe County, North Carolina and which said iron pin stands in the center of an unnamed road and running thence with the center of said road North 59° 18' 45" East 28.43 feet to a stake; thence North 72° 8' 26" East 182.27 feet to a stake in said road; thence leaving said road and passing an iron pin at 30 feet South 29° 26' 5" East 325.03 feet to an iron pin; thence South 77° 22' 31" West 180.14 feet to an old fence line in the Harris-Evans property; thence with said Harris-Evans old fence line, North 35° 45' West 310.81 feet to the point and place of BEGINNING. Being the westernmost portion of the property of the Grantors. Together with full rights to water from the well, which exists on the property of the Grantors, so long as the Grantees own said property. This conveyance is subject to all existing utility easements presently encumbering said property and further subject to the widening of the road on the Northern boundary of this property to its full legal width.

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DEED NUMBER 3 DEED BOOK: 1202 PAGE: 416 DATE: 10/13/1978 GRANTOR: CLYDE J. ROGERS AND WIFE MARJORIE ROGERS GRANTEE: DENNIS H. TIPTON, AND WIFE, BEVERLY B. TIPTON BEGINNING on an existing iron pin, said existing iron pin being the Southern most corner of that tract or parcel of land as conveyed to Clyde J. Rogers and wife, Marjorie Rogers, by Deed dated the 15th day of March, 1970 from Marvin S. Mann and wife, Betty Jean W. Mann, said Deed being recorded in Deed Book 1015, at Page 415, Buncombe County Register of Deeds Office. Said Beginning corner also being the Northwestern corner of the Richard McCracken tract as recorded in Deed Book 1056, at Page 480, Buncombe County Register of Deeds Office. Thence from the Beginning point thus established North 66° 21' 40" East 326.58 feet to an existing iron pipe; thence North 50° 47' 40" East 150.50 feet to an iron stake; thence North 20° 45' West 297.42 feet to an iron stake; thence North 87° 30' West 203.62 feet to an iron stake; thence South 00° 14' West 271.48 feet to an iron stake; thence South 23° 40' West 263.80 feet to the point of BEGINNING. CONTAINING 2.63 acres more or less as set forth on an unrecorded Plat designated property of Clyde Rogers dated September 22, 1978 by Ray E. Anders, R.L.S. AND BEING part of that tract or parcel of land described in that Deed dated the 13th day of March, 1970 from Marvin S. Mann and wife, Betty Jean W. Mann to Clyde J. Rogers and wife, Marjorie Rogers, said Deed being recorded in Deed Book 1015, at Page 415, Buncombe County Register of Deeds Office. Together with an easement for egress, regress, and ingress, said right-of-way being set forth on a survey and plat entitled Marvin S. Mann, et al, Upper Hominy Township, Buncombe County, North Carolina, bearing date of September 22, 1978 by Ray E. Anders, R.L.S.

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DEED NUMBER 4 DEED BOOK: 1227 PAGE: 479 DATE: 9/27/1979 GRANTOR: CLYDE J. ROGERS AND WIFE MARJORIE ROGERS GRANTEE: DENNIS H. TIPTON AND WIFE BEVERLY B. TIPTON BEGINNING on an iron stake, said iron stake being the Northeast corner of that tract or parcel of land as conveyed to Dennis H. Tipton and wife, Beverly B. Tipton by deed dated the 13th day of October, 1978, and recorded in the Office of the Register of Deeds for Buncombe County in Deed Book 1202 at Page 416; thence from the Beginning corner thus established and with the Northernmost line of the aforedescribed tract North 87° 30' West 43.82 feet to an iron stake; thence North 2° 15' East 49.51 feet to an iron stake; thence South 87° 30' east 43.82 feet to an iron stake; thence South 2° 15' West 49.5 feet to the point of Beginning. AND BEING a part of that tract or parcel of land conveyed to Clyde J. Rogers and wife, Marjorie Rogers in a deed dated the 13th day of March, 1970, said deed having been recorded in Deed Book 1015 at Page 415, Buncombe County Registry.

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DEED NUMBER 5 DEED BOOK: 1492 PAGE: 695 DATE: 9/28/87 GRANTOR: GULSHAN K. SETHI AND WIFE NEELAM SETHI & BLAIR WILLIAMS AND WIFE ELLEN WILLIAMS GRANTEE: DENIS W. DELAGE Lying and being in Upper Hominy Township, and being more particularly described as follows: BEGINNING at a point in the center of a 60 foot road right of way which point stands South 66° 21' 40" West 153.95 feet from a stake at the Northeast corner of the property which was conveyed by deed recorded in the Buncombe County Register's Office in Deed Book 959, Page 319, and runs thence South 23° 43' 20" East 351.86 feet to a stake; thence South 79° 07' 47" West 95.43 feet to a stake; thence South 76° 01' West 30.39 feet to a stake; thence North 23° 43' 20" West 329.08 feet to a stake; thence North 66° 21' 40" East 123 feet to the point of Beginning. Being the same property as shown in Deed Book 1296, Page 704, and Records of Buncombe County, North Carolina. This conveyance is made subject to an easement for ingress, egress and regress to that certain road situate over the West portion of the above described property, said roadway being 60 feet in width, 30 feet of which is on the western margin of the above described property, said road being dedicated as a public right of way.

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DEED NUMBER 6 DEED BOOK: 1542 PAGE: 349 DATE: 12/5/88 GRANTOR: SHIRLEY SPENCER HANEY AND WIFE SARA J. HANEY GRANTEE: MC ELRATH CONSTRUCTION COMPANY, INC. BEGINNING AT an iron pipe located in the western property line of the property described in a Deed from Marvin S. Mann and wife, to Gertrude Allison Brewster, dated December 9, 1966, and recorded in the Office of the Register of Deed for Buncombe County, North Carolina in Deed Book 952 at page 106, it being the northwestern corner of the tract of land retained by the said Gertrude A. Brewster and the southwest corner of that tract of land conveyed by her to LanSell Corporation by deed dated November 3, 1976 and runs thence with said western line north 17° 23' 12" east 602.73 feet to an iron pipe at the northwestern corner of property described in said Deed Book 952 at Page 106, and also located in the southern line of the property described as tract two in deed from E. L. Surrett land wife Gertrude Allison Brewster, dated January 31, 1961, and recorded in said Registry's office in Deed Book 840 at page 379; thence south 88° 56' east 174.64 feet to an iron pipe, the northeastern corner of that property described in said deed recorded in Deed Book 952 at Page 106, the northwestern corner of the Clyde J. Rogers tract as described in Deed recorded in Deed Book 1015 at page 415 of said Registry; thence with the eastern line of the property described in said Deed Book 952 at Page 100 two calls: South 4° 50' 15" east 271.67 feet to an iron pipe and south 21° 59' 46" east 249.78 feet to the northern margin of a road leading in a westerly and southerly direction to Justice Ridge Road; thence with the northern margin of said road south 70° 45' 14" west 392.86 feet; thence with the northern boundary line of the said Gertrude Allison Brewster tract, north 59° 10' 08" west 116.78 feet to the point of BEGINNING, containing 4.14 acres more or less, according to survey of Ashley Engineering Company, dated February 16. 1977.

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DEED NUMBER 7 DEED BOOK: 1743 PAGE: 140 DATE: 4/30/93 GRANTOR: MYRTLE I. EVANS unmarried GRANTEE: BILLY J. RYAN AND WIFE DOROTHY J. RYAN BEGINNING at a point located in the center line of the 60' right of way of Justice Ridge Terrace, said point being the northwestern most corner of the Denis W. Delage property as described in Deed Book 1492 at page 695, Buncombe County Registry, and runs with the western boundary of said Delage property South 23° 43' 18" East 335.78 feet to a 5/8" iron pin, said pin being located South 75° 42' 07" West 183.62 feet from a White Oak stump; thence South 77° 24' 58" West 180.21 feet to a 3/4" iron pin; thence with the eastern boundary of the Robert B. Robinson property as described in Deed Book 1143 at page 641, Buncombe County Registry, North 29° 26' 05" West 321.94 feet to a point; thence with the center line of said road, North 71° 34' 39" East 209.76 feet to the point and place of Beginning, containing 1.44 acres more or less and being shown on a survey dated April 28, 1993, prepared for Billy J. Ryan and Dorothy J. Ryan by Freeland-Clinkscales & Associated, Inc.

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DEED NUMBER 8 DEED BOOK: 1015 PAGE: 415 DATE: 3/13/70 GRANTOR: MARVIN S. MANN, ET UX., BETTY JEAN MANN GRANTEE: CLYDE J. ROGERS, ET UX., MAJORIE ROGERS BEGINNING on an iron pin, said iron pin being N. 18° 15' E. 1284.6 feet and S. 87° 30' E. 279.98 feet from the BEGINNING point on a deed dated September 10, 1959, from George W. Laster, et ux., to Marvin S. Mann, et ux., said point also being in the center of Justice Ridge Road as shown on survey and plat hereinafter referred to and runs thence with the outside line of the parent tract of which this is a part, S. 87° 30' E. 370.02 feet to a stake; thence continuing outside line two calls as follows; N. 02° 15' E. 49.5 feet; S. 87° 30' E. 43.82 feet to a point in said outside line; thence leaving said outside line of said parent tract S. 02° 15' W. 49.5 feet to an iron pipe; thence S. 20° 45' E. 297.42 feet to a point in the center of a 60-foot right-of-way as shown on said survey and plat; thence with the center of same two calls as follows; S. 50° 47' 40" W. to a point in the center of said right-of-way and S. 66° 21' 40" W. 326.58 feet to a point in the center of said right-of-way; thence leaving said right-of-way N. 20° 5' W. 274.78 feet to an iron pin; thence N. 01° 53' W. 264.36 feet to the BEGINNING. CONTAINING 4.47 acres, more or less, and BEING a part of that certain tract of land described in a deed dated September 10, 1959, from George W. Laster, et ux., to Marvin S.Mann, et ux.

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