Interpreting, and Correcting Legal Descriptions ©2014 Don Teter Professional Surveyor

Is Math the Solution?

DESCRIPTION TYPES

Metes And Bounds

p/o Metes = Directions or Bearings S 45 E, S E, S E; S 45˚ 00’ 00” E; S 45˚ 19’ 27” E; Southeasterly; 135 degrees east of north (S 45 E); Down the ridge; Up the mountain; Over the hill.

p/o Metes = Distances 40 poles, 40 rods, 40 perches, 10 chains, or 660 feet. 3 cigarettes up the creek; about 250 poles, perhaps much further.

Bounds = Limits, Often monuments Natural Monuments – ridge, stream, Road?, tree?, X on boulder? Artificial Monuments – rebar, pipe, axle, stone, stone pile, corner of the hog trough (c. 1928); corner of the branding pen (c. 1915).

Natural, Artificial, or Nuts? - “To a deep hole in the Dry Fork River” “To the field where the dead horse stood” BOUNDS can also be adjoiners: “to the Herbert Roosevelt line”

Description by Abutters or Adjoiners

land lying between the old turnpike and the highway, running with Smith on its west side and with Jones on its east side. Lying on the south side of Rough River and the east side of Tranquil Branch, bounded on its south side by Abe Jefferson and on its east side by George Lincoln. Slightly Vague; Become More Problematic With Time

Description by Lot Number May be legally sufficient, Extrinsic evidence often needed, Potential disaster if no plat recorded

Fractional Parts The south 200 feet of my lot on Prosperity Road. The east half of my farm on Troublesome Run. And the feudin’ heirs will be troublesome to the poor surveyor.

Strip Descriptions Most often used for rights of way or easements: A right of way for a wagon road 10 feet wide along the G.W. Weese line; A 2 pole wide strip of land the center of which runs S 72 E 20 poles, S 81 E 5 poles, … ; Beginning at centerline station on the plans for project 1273C, thence with said centerline to station …

Description by Coordinates Northerly 123, N Easterly 999, E Latitude & Longitude, Universal Transverse Mercator, State Plane Need to know what they mean and how they were created, and what their creator knew.

Inclusion By Reference Without a Specific Description: After a listing of 25 parcels, a deed states: “the grantor does hereby convey to the grantee for the consideration aforesaid, all lands and interest in lands owned by grantor in Middle Fork District … ” The actual descriptions of any tracts conveyed by that clause will only be found by researching what the grantor owned in the cited district.

Vague Descriptions aka, Surveyor’s nightmares. Lacking bearings and distances, Some general directions or approximate lengths. Often refer to past adjoiners or landmarks now long gone. Originated because people didn’t want to pay for surveys. Difficult to interpret, troublesome to put on the ground, and will not improve with age.

CORRECTING PROBLEM DESCRIPTIONS

Elements of a Good Description General location: 1. State, County, District. 2. Watershed, roads, mountains, etc. 3. Approximate distance and direction to nearest town or landmark.

Calls Complete, Reasonable Closure On old surveys 1 in 500 could be OK. Newer surveys are often 1 in 50,000. “thence a straight line to the beginning”, or a vague call “with Fred Smith’s orchard fence”, (without a bearing and distance) may indicate potential problems.

Apparent Title Source Is Cited Grantor; Grantee; Date of conveyance, and/or recording; Deed (or Will) Book and page reference; Correct tax parcel references.

Common Problems No closure, busted or incomplete. Confusing language “140 acres, more or less, being all land lying East of U.S. 219; south of Don Bosco Agricultural School; west of Tygart Valley River including all islands, and north of Ruby Gibson.” c. 1969

Reversed Calls May or may not need to be reversed when plotting, do more research. Transcription Errors Deed dated 8/29/2001 “Beginning at a bunch of witch-hazel with two white bitches …

Misnamed Topo Features Omitted Calls Flat Out Crazy Wrong Calls Cobbled Together Descriptions Backward Calls Written from a plat going around the tract Backwards, with the scrivener not understanding bearing quadrants. Plotting the calls will produce a map which is upside down.

Fixing Descriptions Do More Research Don’t “Fix” What You Don’t Fully Understand Don’t add zeros and decimal places, it implies greater precision. Don’t add or delete words like “with”, “along”, “up”, “down”, “meanders”.

Understand curve elements: radius, chord, arc, etc., and don’t change them. Don’t use a tax map to create or correct a description, they can be hideously wrong. Be cautious about breaking the law. Descriptions should usually be written by licensed surveyors.

BEWARE LIABILITY Your Description - Overlaps? Gaps? Conflicts? Lawsuits? MURDER?

Continuing Education Seminars for Surveyors Donald L. (Don) Teter, PS HC 86, Box 32 Monterville, WV