Joseph D. Fenicle, PS Ohio & Michigan Professional Surveyor Office of the Fulton County Engineer Wauseon, Ohio Frank T. Onweller, PE, PS – Fulton County.

Joseph D. Fenicle, PS Ohio & Michigan Professional Surveyor Office of the Fulton County Engineer Wauseon, Ohio Frank T. Onweller, PE, PS – Fulton County Engineer April 09, 2015 – True North Surveyor’s Workshop - Ada, Ohio

“The adjunct of the word “legal” pertains to the fact that the description must be able to withstand attack under law.” “Although the definition is correctly stated as “land” description, it is generally called “legal” because it must stand up under the law and litigation.” - Gurdon H. Wattles

References Writing Legal Descriptions – G. Wattles Ohio Surveying Laws - PLSO Brown’s Boundary Control & Legal Principles – W. Robillard et al Evidence and Procedures for Boundary Location – W. Robillard et al Deed Descriptions I Have Known…But Could Have Done Without – D. Wilson Ohio Revised Codes Ohio Administrative Codes Fulton County Ohio Requirements for all Instruments of Conveyance

References Ohio Revised Codes 315.251Minimum Standards for Boundary Surveys 319.203Adopting Standards Governing Conveyances of Real Property in County 4733Professional Engineers and Professional Surveyors 4733.03State Board of Registration for Professional Engineers and Surveyors 5713.09Tax Maps of Subdivisions 5713.10Appointment of Draftsmen Ohio Administrative Codes 4733-37Standards for Boundary Surveys 4733-37-03Monumentation 4733-37-04Measurement Specifications 4733-37-06Descriptions

References Ohio State Board of Registration for Professional Engineers and Surveyors Advisory Opinion Regarding… Preparation of Legal Descriptions May 27, 2009 Ohio State Board of Registration for Professional Engineers and Surveyors Advisory Opinion Regarding… Supervision of Surveying in the County Tax Map Office May 24, 2012

Ohio Revised Code or Ohio Administrative Code

Ohio Revised Code Replaced the Ohio General Code in 1953 Contains all the laws that have been passed by the Legislature, which is enacted by the Ohio General Assembly Officially published in Laws of Ohio and codified in the O.R.C. 900 Copies Max published by the Ohio Secretary of State

Ohio Revised Code Replaced the Ohio General Code in 1953 Contains all the laws that have been passed by the Legislature, which is enacted by the Ohio General Assembly Officially published in Laws of Ohio and codified in the O.R.C. 900 Copies Max published by the Ohio Secretary of State Ohio Administrative Code State Agencies establish rules and regulations State Agencies = Ohio State Board of Registration for Professional Engineers and Professional Surveyors Rules and Regulations = Administrative Law Officially published in Register of Ohio and codified by the O.A.C. A Publication of the Ohio Legislative Service Commission

Simply stated the Ohio Revised Code contains all the Laws that have been enacted by the legislature, while the Ohio Administrative Code contains all the Rules established by the various State Agencies.

What we are going to talk about….. Ohio Administrative Code 4733-37-03Monumentation Ohio Administrative Code 4733-37-06Descriptions Ohio Revised Code 319.203Adopting Standards Governing Conveyances of Real Property in County

A description of real property by government survey, metes and bounds, or lot numbers of a recorded plat including a description of any portion thereof subject to an easement or reservation, if any. Such must be complete enough that a particular parcel of land can be located and identified. - Black’s Law Dictionary

“A Description of the outline of a certain area is the proper grouping of words which delineates one specific piece of land and which cannot apply to any other piece of land.” - Gurdon H. Wattles

Who can write Legal Descriptions? According to an opinion written by John Greenhalge, Executive Director of the Ohio State Board of Registration for Professional Engineers and Surveyors on May 27, 2009 only a Registered Professional Surveyor can write legal descriptions. “Based on ORC 4733.01, it is the Board’s opinion that only a registered professional surveyor can correctly determine if the description for a parcel of land accurately describes that parcel of land, its location on the earth’s surface, and its relationship to adjoining lands. Accordingly, the preparation of a metes and bounds legal description is clearly the practice of surveying.” The same applies to an “interest” in property (i.e. easement, right of way, lease, etc.). The exception is describing something in “General Methods” if allowed.

O.R.C. 319.203 Adopting standards governing conveyances of real property in county Subject to division (B) of section 315.251 of the Revised Code, the county auditor and the county engineer of each county, by written agreement, shall adopt standards governing conveyances of real property in the county. These standards may include the requirements specified in section 315.251 of the Revised Code. The county auditor and county engineer may modify those standards from time to time as they consider necessary or desirable. The standards shall be adopted or modified only after the county auditor and county engineer have held two public hearings, not less than ten days apart, concerning adoption or modification of the standards. The standards shall be available for public inspection during normal business hours at the offices of the county auditor and county engineer. Before the county auditor transfers any conveyance of real property presented to the auditor under section 319.20 or 315.251 of the Revised Code, the county auditor shall review the conveyance to determine whether it complies with the standards adopted under this section. The county auditor shall not transfer any conveyance that does not comply with those standards. Amended by 130th General Assembly File No. TBD, SB 172, §1, eff. 9/4/2014. Amended by 130th General Assembly File No. 41, HB 72, §1, eff. 1/30/2014. Effective Date: 03-18-1997

O.A.C. 4733-37-06 Descriptions (A) When a surveyor is called upon to prepare a new description, either to replace an existing description which is inadequate or to create a new piece of property, said description shall include the following items: (1) Sufficient caption so that the property can be adequately identified. (2) A relationship between the property in question and clearly defined control station(s). (3) The basis of the bearings. (4) A citation to the public record of the appropriate prior deed(s). (5) The surveyor's name, Ohio registration number and date of writing and/or survey. (B) A metes and bounds description shall include, in addition to paragraph (A) of this rule: (1) A description of the boundary monument used as the initial point of the description. (2) A series of calls for successive lines bounding the parcel, each of which specifies: (a) The intent in regards to adjoiners or other existing features. (b) The direction of the line relative to the direction of the basis of bearing. (c) The length of the line. (d) A description of the boundary monument (or reference monument) and whether found or set to identify the end of the particular line. (e) All curved lines shall indicate the radius, central angle, curve length, chord bearing, chord length and direction of the curve. (f) The reported boundary data shall meet the closure requirements of paragraph (C) of rule 4733-37-04 of the Administrative Code. (3) The area of the parcel. (C) Descriptions other than metes and bounds descriptions may be a reference to a recorded survey plat or a parcel on a recorded survey plat and shall include sufficient and adequate legal and technical wording so that the property can be definitely located and defined. (D) A statement shall appear indicating that either: the description was made in accordance with a recent survey and the date thereof, or the description was made based on a previous survey, of a certain date, and date of description, or the description was not based on a survey. (E) When the surveyor knows a new description is to be used for a fee transfer, the surveyor shall base the description on a current or updated survey of the property. R.C. 119.032 review dates: 05/09/2014 and 05/09/2019 Promulgated Under: 119.03 Statutory Authority: 4733.07 Rule Amplifies: 4733.20 Prior Effective Dates: 05/01/1980, 11/01/2003

Types of Legal Descriptions - Metes and Bounds - Lot, Block, Tract, Plat - Rectangular Survey System – Aliquot Parts

Anatomy of a Legal Description - Caption - Body - Augmenting Clause – adding something - Qualifying Clause – taking something away

“These parts are like a camera; you point the camera in the general direction and it embraces the limited area within which you are dealing, in other words the caption, and then you bring the camera into focus on the subject itself and this is the body of the description that details every part.” Gurdon H. Wattles

Limits the Title

Examples: “A parcel of land being part of the Southwest quarter of Section 23, Town 9 South, Range 5 East, Richfield Township, Lucas County, Ohio, and being more particularly described as follows:” “A parcel of land being part of Lots 9 and 10, Miami Manor, a subdivision in the City of Maumee, Lucas County, Ohio, as recorded in Volume 27 of Plats, Page 33, Lucas County Records, and being more particularly described as follows:”

“…in and to certain real estate in said Fremont known as the “Smith field”, containing six acres and eighty rods, bounded and described as follows:__________________” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Point of Commencement “A relationship between the property in question and clearly defined control station(s).”4733-37-06 Commencing at…vs.Beginning at… In Fulton County the P.O.C. needs to be monumented and be a “maintained” corner with the Engineer’s Office. Other options… Monumented Section Corners Monumented Subdivision Corner or Lot Corner Monumented Road Intersection Cannot be calculated points or theoretical center of sections!

Examples: “Commencing at a found PK Nail (ODOT) at the South quarter post of said Section 23;” “Commencing at a found capped 5/8” rebar at the Southeast corner of Lot 17;”

Examples: “Commencing at a found PK Nail (ODOT) at the South quarter post of said Section 23;” “Commencing at a found capped 5/8” rebar at the Southeast corner of Lot 17;” Bad Examples: “Commencing at the Southwesterly corner of said land at the Nail tree…” “Beginning at a post in a mound of sand at the high water mark of the Pacific Ocean nearly opposite the center of an island one mile long…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Examples of B.O.B: The bearings used herein are for the purpose of describing angles only and are not referenced to True or Magnetic North. The basis of bearings is an assumed meridian taken from Survey Volume “I” Page 394 and is for angular calculations only. Bearings are based on the State Plane Grid, Ohio North. All bearings in this description are referenced to Astronomic North. Make sure to be specific with all the datums floating around. Bearings are based on ODOT VRS (NAD1983[2011] 2010.0 Epoch), Ohio North Zone (3401), U.S. Survey Feet.

Point of Beginning “A description of the boundary monument used as the initial point of the description” 4733-37-06 In Fulton County the P.O.B. needs to be monumented Cannot be calculated points or theoretical center of sections!

Examples: “…a total distance of 536.20 feet to a set iron pin, said iron pin marking the TRUE POINT OF BEGINNING of the parcel herein described;” “Commencing at a found 5/8 inch rebar in a monument box assembly at the center of Section 16, said point marking the TRUE POINT OF BEGINNING of the parcel herein described;”

Bad Examples: “Beginning at a hole in the pond; thence easterly three hatchet lengths; then southerly six hatchet lengths…” Writing Legal Descriptions – Gurdon H. Wattles

Bad Examples: “Beginning at a hole in the pond; thence easterly three hatchet lengths; then southerly six hatchet lengths…” “Beginning at the northwest corner of Pablo’s corral; thence northwesterly three smokes to an old willow tree; thence southwesterly five smokes to the Zanza…” Writing Legal Descriptions – Gurdon H. Wattles

Bad Examples: “Beginning at a hole in the pond; thence easterly three hatchet lengths; then southerly six hatchet lengths…” “Beginning at the northwest corner of Pablo’s corral; thence northwesterly three smokes to an old willow tree; thence southwesterly five smokes to the Zanza…” “Beginning at the north end of an old adobe wall now removed…” Writing Legal Descriptions – Gurdon H. Wattles

More Bad Examples: “Beginning at the Northerly corner of the premises at a flat stone set crossways in the wall…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

More Bad Examples: “Beginning at the Northerly corner of the premises at a flat stone set crossways in the wall…” “…beginning at the easterly angle of the Philemon Blake lot so called at the roots of fallen hard pine tree…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

More Bad Examples: “Beginning at the Northerly corner of the premises at a flat stone set crossways in the wall…” “…beginning at the easterly angle of the Philemon Blake lot so called at the roots of fallen hard pine tree…” “…beginning at the Southwest side of the highway that leads from where Capt Emery used to live…”” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

More Bad Examples: “Beginning at the Northerly corner of the premises at a flat stone set crossways in the wall…” “…beginning at the easterly angle of the Philemon Blake lot so called at the roots of fallen hard pine tree…” “…beginning at the Southwest side of the highway that leads from where Capt Emery used to live…”” “…beginning at a point forty-four (44) feet westerly from a big rock…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

More Bad Examples: “Beginning at the Northerly corner of the premises at a flat stone set crossways in the wall…” “…beginning at the easterly angle of the Philemon Blake lot so called at the roots of fallen hard pine tree…” “…beginning at the Southwest side of the highway that leads from where Capt Emery used to live…”” “…beginning at a point forty-four (44) feet westerly from a big rock…” “…beginning on the road by the corner of Jonathan J. French’s garden…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

My personal favorite Bad Example: “…beginning at the old Beaver Dam…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Example: The above description was prepared by Thomas R. Zechman, Ohio Registered Surveyor No. 7077 in May of 2009.

Example: “thence North 89°23’28”West, on a line being 150.00 feet Southerly of and parallel to the monumented, occupied and recorded North line of the South half of the Northeast Quarter of the Northwest Quarter of said Section 2, and passing a set #5 x 42” Rebar with Orange Plastic Cap bearing “Fenicle 8210” at 399.78 feet, a total distance of 434.78 feet to a set 1 ½” MAG Nail;”

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” “…sixty eight rods and eighteen links to a hole in the ground…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” “…sixty eight rods and eighteen links to a hole in the ground…” “…to a hemlock stump (now long gone)…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” “…sixty eight rods and eighteen links to a hole in the ground…” “…to a hemlock stump (now long gone)…” “Northerly by a line drawn half way between two rows of Apple trees dividing the old orchard from the new…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” “…sixty eight rods and eighteen links to a hole in the ground…” “…to a hemlock stump (now long gone)…” “Northerly by a line drawn half way between two rows of Apple trees dividing the old orchard from the new…” “Southerly on a ditch digged from Perkins Marsh to the River to stop the cattle…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

Bad Examples: “…to the west cart rut…” “…thence running Northerly by said Cart rut…” “…following a line just North of a large mud hole.” “…sixty eight rods and eighteen links to a hole in the ground…” “…to a hemlock stump (now long gone)…” “Northerly by a line drawn half way between two rows of Apple trees dividing the old orchard from the new…” “Southerly on a ditch digged from Perkins Marsh to the River to stop the cattle…” “…and then continuing in the same general direction (the line veering very slightly to the left) about five hundred paces…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

My personal favorite Bad Example: “…thence Westerly to a grape vine…” Deed Descriptions I Have Known…But Could Have Done Without – Donald A. Wilson

O.A.C. 4733-37-03 Monumentation (A) The surveyor shall set boundary monuments so that, upon completion of the survey, each corner of the property and each referenced control station will be physically monumented. (B) When it is impossible or impracticable to set a boundary monument on a corner, the surveyor shall set a reference monument, similar in character to the boundary monument and preferably along one of the property lines which intersect at that corner. When such a reference monument is used, it shall be clearly identified as a reference monument on the plat of the property and in any new deed description which may be written for the property. (C) Every boundary monument and/or reference monument set by the surveyor shall, when practicable: (1) Be composed of a durable material. (2) Have a minimum length of thirty inches. (3) Have a minimum cross-section area of material of 0.21 square inches. (4) Be identified with a durable marker bearing the surveyor's Ohio registration number and/or name or company name. (5) Be detectable with conventional instruments for finding ferrous or magnetic objects. (D) When a case arises, due to physical obstructions such as pavements, large rocks, large roots, utility cables, etc., so that neither a boundary monument nor a reference monument can be conveniently or practicably set in accordance with paragraph (C) of this rule, then alternative monumentation, which is essentially as durable and identifiable (e.g., chiselled "X" in concrete, drill hole, etc.) shall be established for the particular situation. R.C. 119.032 review dates: 05/09/2014 and 05/09/2019 Promulgated Under: 119.03 Statutory Authority: 4733.07 Rule Amplifies: 4733.20 Prior Effective Dates: 05/01/1980, 11/01/2003

O.A.C. 4733-37-04 Measurement specifications All measurements shall be made in accord with the following specifications: (A) The surveyor shall keep all equipment used in the performance of surveying in proper repair and adjustment. (B) Every determination of distance shall be made either directly or indirectly in such a manner that the linear error in the distance between any two points (not necessarily adjacent points) shall not exceed the reported distance divided by ten thousand (allowable linear error = reported distance divided by ten thousand) and every angular measurement shall be made in such a manner that the allowable (directional) error, in radians, shall not exceed the allowable linear error divided by the reported distance (allowable (directional) error = allowable linear error divided by reported distance). When the reported distance is less than two hundred feet, the linear error shall not exceed 0.02 feet. The reported distance is the distance established by the survey. (C) In all new descriptions and plats of survey, the lengths and directions of the lines shall be specified so that the mathematical error in closure of the property boundary does not exceed 0.02 feet in latitudes and 0.02 feet in departure. (D) Surveys performed using metric measurements shall utilize the metric equivalents based upon the U.S. survey foot conversion factor. R.C. 119.032 review dates: 05/09/2014 and 05/09/2019 Promulgated Under: 119.03 Statutory Authority: 4733.07 Rule Amplifies: 4733.20 Prior Effective Dates: 05/01/1980, 11/01/2003

In Conclusion… 4 C’s for Writing Descriptions Complete Concise Clear Certain (of only one interpretation) “A well written land description may be retraced on the ground even if all of the measurements were removed from the description” Gary A. Schuller, PS – Professor, University of Akron “Concise Clarity without Ambiguity” Gurdon H. Wattles “To Cook a perfect omelet or cake you must have all of the ingredients; a land description must have its perfect elements, as well. Descriptions of land may be divided into (1) caption, (2) body, (3) qualifying clauses, and (4) augmenting clauses” Walter G. Robillard, PS

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THANK YOU

Joseph D. Fenicle, PS Ohio & Michigan Professional Surveyor Office of the Fulton County Engineer Wauseon, Ohio Frank T. Onweller, PE, PS – Fulton County.

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Joseph D. Fenicle, PS Ohio & Michigan Professional Surveyor Office of the Fulton County Engineer Wauseon, Ohio Frank T. Onweller, PE, PS – Fulton County.

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Presentation on theme: "Joseph D. Fenicle, PS Ohio & Michigan Professional Surveyor Office of the Fulton County Engineer Wauseon, Ohio Frank T. Onweller, PE, PS – Fulton County."— Presentation transcript:

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