Description writing and interpretation 1a

447 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
447
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
7
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Description writing and interpretation 1a

  1. 1. Nicolet Area Technical College Devon Vanden Heuvel © 2011
  2. 2. Legal Description (Property Description) Blacks Law Dictionary defines it as:Blacks does not define “legal description” so itmust not existLegal: Proper or sufficient to be recognized bythe law; … competent or adequate to fulfill therequirements of the law.Description: That part of a conveyance … whichidentifies the land or premises intended to beaffected.
  3. 3. That part of a document thatidentifies the what and where of a real property transaction,
  4. 4. ◦ 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,
  5. 5.  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
  6. 6. 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 ambiguity12. Symmetry
  7. 7.  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
  8. 8.  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.
  9. 9.  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
  10. 10.  Perimeter  Metes Bounds Metes & 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”)
  11. 11.  “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
  12. 12.  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
  13. 13.  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
  14. 14.  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 …
  15. 15.  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.
  16. 16.  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.
  17. 17. Beginning at the Southeast corner of Section10, T.31N., R.7E. Thence West, 210.00’along the south. line of the SE1/4 of saidsection 10; thence North, 210.00’ parallel tothe east line of the SE1/4; thence East210.00’ parallel to the south line of saidSE1/4 to the east line of said SE1/4; thenceSouth, 210.00’ along said east line to thepoint of beginning. Said parcel contains 1acre.
  18. 18. 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”.
  19. 19.  Total area by survey is 155 Parcel “B”: acres Parcel “A”: The south 75 acres Parcel “A”: Parcel “B”: The north 80 acres S89º27’EIn the absence of qualifying terms a given area of landon the side of a tract will include such quantity in theform of a parallelogram as nearly as possible
  20. 20.  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 150.00’ 100.00’ LOT 12 145.00’
  21. 21.  These type of statements can create ambiguity in an irregular parcel.  Implied Parallelism 50’ Lot 7
  22. 22.  The east one-half of lot 16 being 100.00 feet wide. What was the intent? 198.76’ (M) 200.00’ (R) LOT 16 200.00’ (R) 199.02’ (M)
  23. 23.  The east one-half of lot 16  What was the intent, but what did they do. 230.00’ 200.00’ Town Road 100.00’ LOT 16 30’ 115.00’ 200.00’ 230.00’
  24. 24.  The east one-half of lot 16  Bearing of dividing line will be on a mean bearing of the two side lot lines 201.69’ LOT 16 N0º00’00”E 200.00’
  25. 25. •Is this intendedto be by area•Or is it intendedto be bydistances
  26. 26.  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.
  27. 27.  All of Lot 10 except the north 50 feet, except the west 75 feet. 200’Is the 75’ overthe entire west 50’side of lot 10Or is it just over 150’ 150’the north 50’ oflot 10 75’ 200’
  28. 28.  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.
  29. 29. 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
  30. 30. On the face this description appears sufficient, but whencalculations are performed in an attempt to apply it to the groundthe parcel does not close. Further analysis identifies a likelytypographical error. Bearing should be N36º07’W Latent ambiguities may cause you to go outside the writings to determine intent
  31. 31.  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
  32. 32.  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’
  33. 33. …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?
  34. 34.  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; …
  35. 35.  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?
  36. 36. 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 …
  37. 37. I first have to track my parcel back to it’s parentdeed.Then I have to determine what lands Lampsonconveyed to Loveless prior to the creation of myparcel.Lastly I have to determine the location of the Lovelessboundary
  38. 38.  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…
  39. 39.  … 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
  40. 40. 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 ambiguity12. Symmetry
  41. 41.  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
  42. 42.  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
  43. 43.  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!

×