Legal Descriptions. Chapter 9

Transcription

1 Legal Descriptions Chapter 9

2 Legal Description Defined A description of land is legally sufficient if it allows a competent surveyor to locate the parcel. This means locate and define boundaries 2

3 When Required A legal description is not needed for a contract to purchase real estate Ray Motor Lodge v.shatz (64) 80 Nev. 114 The APN is required to record a deed but the APN alone is not sufficient NRS

4 Methods of Description Metes and Bounds Rectangular or government survey Lot and block (recorded plat) 4

5 Metes and Bounds From point of beginning (POB) back to point of beginning Linear measurements used with reference to natural and artificial boundaries called monuments Make sure the description goes back to POB 5

6 More on Metes and Bounds See handout regarding Metes and Bounds Survey lines Compass points Names of abutting property owners Meanders 6

7 Rectangular Survey Divides entire United States into a grid based on: Principal Meridians (North and South) Base Lines (East and West) Not used in original 13 colonies and 7 other states Meridian Base Line 7

8 Meridians and Base Lines There are 36 principal meridians and 32 base lines in the United States The principal meridian and base line nearest Nevada are: 120th Principal Meridian? Mount Diablo Principal Meridian and Base Line 8

9 Township Lines and Range Lines Township Lines or Township Tiers run parallel to the base line and are six miles apart. Township lines are numbered north and south of the principal base line Range lines run parallel to the meridians and are six miles apart. Range lines are numbered east and west of the principal meridian. 9

10 Principal Meridian Township Lines Base Line Range Lines 10

11 A Check A check is 24 miles square and is divided into 16 townships A check is not used in the property description 11

12 A Check 24 miles T1N R4W Principal Meridian Base Line 24 miles 12

13 A Township The Intersection of a township line and range line forms a township A township is the basic unit of the government survey system A township is 6 miles square and contains 36 sections. A section is 640 acres (one square mile) 13

14 Describing the Location of a Township The location of a township is described by: How many township lines north or south of a base line and How many range lines east or west of a principal meridian e.g. see previous slide T1N, R4W 14

15 Student Activity Handout Have students identify townships in the diagram of a check. 15

16 A Township Divided into Sections

17 Sections Note the way sections are numbered beginning in the northeast corner. Sections are further divided into halves (320 acres) and quarters (160 acres) Those halves and quarters are further divided into halves (80 acres) and quarters (40 acres) and so on Note correction lines for earth s curvature 17

18 Reading a Rectangular Survey Description Read from Right to Left From the end of the description to the beginning. 18

19 Student Activity Identify the following and calculate the acreage: NE1/4, NW1/4 of Section 28 of T1N,R4W NE1/4,N1/2,NW1/4 of Section 17 of T1N,R4W SW1/4,N1/2,NE1/4 of Section 22 of T1N,R4W NW1/4 of Section 12 T1N,R4W N1/2,SW1/4 of Section 32 19

20 A Full Description A full description adds, at the end the location of the township e.g. SW1/4,N1/2,NE1/4 of Section 22 of T3N, R4E of the Mt Diablo Principal Meridian and Base Line 20

21 Combined Description Combined metes and bounds with Rectangular Survey used when: Plot is irregular Plot does not fall within the rectangular boundaries 21

22 Lot and Block System Lot = the parcel Block = the subdivision The subdivision location is described by metes and bounds, rectangular survey or combination. 22

23 Air Lots Condominium lots measured by reference to a datum 23

24 Measurements to Memorize Township = 6 miles square Contains 36 sections Section = 1 mile square 640 acres Acre = 43,560 square feet Mile = 5,280 feet 24

25 Licensing of Land Surveyors NRS 625 Pass exam on fundamentals of land surveying (8 hour exam) or receive a waiver Pass exam on principles and practices of land surveying (8 hour exam) Four years education and four years experience or Ten years experience 25

26 Record of Survey NRS et seq. After making a survey must record a record of survey 26

27 Benefits of License Unlawful to practice land surveying without license Some extra rights to enter private land with notice 27

28 Conclusion 28