Chapter 7 Describing Land Interests

1. Chapter 7Describing Land Interests

2. Types of Land Descriptions Metes and bounds Plat map Government survey

3. Metes and Bounds Applied in 13 colonies System uses physical features of the local geography along with directions and distances to describe the boundaries. It may reference other owners. “Metes” refers to a boundary defined by the measurement of each straight run

4. Sample Land Parcel forMeets and Bounds Description Beginning at a point on the south side of Gary Street, 200 feet east from the corner formed by the intersection of the south side of Gary Street and the east side of Hale Street, then proceeding south parallel to the east side of Hale Street 100 feet; then proceeding east parallel to the south side of Gary Street 50 feet; then proceeding north parallel to the east side of Hale Street 100 feet to the south side of Gary Street; and then proceeding west on the south side of Gary Street, 50 feet or to the beginning point. Figure 7.1

5. Ranking of Importance for Metes and Bounds Case • Jones and Morrison purchased contiguous parcels from the same seller. • “…from the center of Edison Street south to a bois d’arc tree, a distance of 79 feet.” • The other property “…from the … to a bois d’arc three, a distance of 210 feet. • The actual distances were 86 and 207 feet. Does Jones get the “extra” 7 feet? Jones 86 feet Morrison 207 feet Natural Monuments Artificial Monuments Courses Distances Quantity of Acreage

6. Gaut v. Daniel (#3)293 SW3d 764 (Tex App 2009) • Daniel Claims Ownership of 28 Acres. • Gaut Has Deed to 47.71 Acres Including the 28 Acres. • Daniel Deed Facts. • Metes and Bound Description. References Duval County surveys but the surveys cannot be found and are not part of the record. • Called Out of 399.5 Acres. The deed describes that the 28 acres is located in 399.5 acres. • Beginning @ NW Corner of a 17 Acre Track. Not sure where this begins. • Parallel with HWY 59. This helps as to one side. • No Parol Evidence for Essential Elements. • No precise angles • Monument at Corner of 17 Acres (but not referenced in deed) • Other evidence • Tax records • A fence • “everyone knew what he owned”

7. Sample Plot Maps http://www.pbcgov.com/pzb/pzbmaps/plats/platindex.htm Stearns County Plat Map

8. Plat Map Most frequently used method The description refers to a map of a subdivision that is recorded at some state or local agency for public records. Sample: “Lot 27 of Candlelight Estates IV, as per plat recorded in Book of Maps 30, p. 80, in the Office of the County Recorder of Holim County, Utah.

9. Davis v. Hinson (#5)167 So3d 1107 (Fl App 2011) • Hinsons’ Quickclaim Deed to Six Children. Tenants in common with no right of survivorship. • 11 Acres Conveyed to Wash and Geraldine Hinson. • No exact description of which 11 acres • All siblings signed except one and that’s because that sibling passed away leaving her minor children as heirs. One of the children did not sign, perhaps because the child was still a minor. • Davis, A Neighbor, Encroached on the 11 Acres. • Hinson Sued to Stop Encroachment. • Davis Filed to Dismiss Based on Standing (Hinson did not own the land).

10. Will GPS technology provide a new method to identify land? Government Survey Western US. Encompasses major portions of land – most of the western US Thomas Jefferson. Originally proposed by Thomas Jefferson, the PLSS began shortly after the Revolutionary War, when the Federal government became responsible for large areas west of the thirteen original colonies. The government wished both to distribute land to Revolutionary War soldiers in reward for their service, as well as to sell land as a way of raising money for the nation. Before this could happen, the land needed to be surveyed. 6 Sq Mile Townships. The survey divides the land into 6 mile-square townships. Sections Further Divided. Townships are divided into 36 one-mile square sections. Then into quarter sections or otherwise. Normally a permanent monument, or marker is placed at each section corner.

11. The first point in the US Land Survey The US was the first country to do such a comprehensive survey. Baseline Initial Point Principal Meridian This monument is at the border between Ohio and Pennsylvania on the north side of the Ohio River.

12. The Fifth Principal MeridianUsed to survey most of MN, marker located in eastern Arkansas

13. Components of the Government Survey Prime or principal meridians Baselines Meridians and parallels Grid Townships Ranges Sections

14. Principal Meridians

15. Principal Meridians The survey began with a prime or principal meridian and baselines. Solves problems of curvature of the earth – as the lines were position at uniform distances apart. 35 prime or principal meridians 32 baselines – that run east to west Named according to location

16. How to identify land

17. Example of 24-mile Grid of U.S. Government Survey Figure 7.2 Start here tues

18. Sample Township Figure 7.3

19. D E Sample Section Figure 7.4

20. End-of-Chapter Q: 8, p. 151, explain why a street address is not a sufficient legal address? Adequacy of DescriptionsWithington v. Derrick (#6)572 A2d 912 (Vt 1990)Conflict between plat map and metes and bounds description

21. Wadsworth v. Moe (#4)193 NW2d 645 (Wis 1972) General Rule As a general rule, courts will try to sustain a deed even thought it contains a general description as they are reluctant to declare the instrument void. The parties must have intended to do something or why do the transaction? Anacker owned two parcels of land in town. One parcel was a 130 acre farm and the other parcel was a 1 acre home. Anacker sold land to Wadsworth “The L.W. Anacker farm in the town of Stanton” The contract also provided: “Party of the second part may occupy the land and the other buildings from this date forward. Party of the first part may occupy the dwelling and keep possession of the same up to November 1, 1968. Present insurance to be assigned to party of the second part free. The electric stove in the kitchen to remain for party of the second part. Is this enough to identify the land?

22. End-of-Chapter Q: 4, p. 152Determine legal sufficiency “The real estate owned by the sellers and located in the town of Oak Grove, now know as the “Dobie Inn” and used in the business of the sellers. “My house at Little Chicago.” A metes and bounds description beginning with, “to an iron pipe and a line sighted with a gate marker,” “All my property in Monroe County, Indiana. “All my real estate wherever situated.” “My farm, Willamena Estates” “Two acres in SE corner of SE ¼ of SW 1/3 of Section 12”

23. Consider 7.1, p. 138 Situated in Parish of Lafourche, State of Louisiana On the right descending bank of Bayou Lafourche at about 1 mile above the town of Thibodaux Measuring 35 feet front by 545 feet in depth bound by Above by land owned by Thibodaux Brick works Below by land of Julia Davis In front by Lydia Brown And rear by Henry Ricks Valid description?

24. End-of-Chapter Questions End-of-Chapter Q: 7, p. 150. Diagram: South side of Hale Street, 200 feet from the intersection of the south side of Hale Street and the east side of Gary Street; from thence south ten feet parallel to the easterly side of Gary Street; from thence east five feet parallel to the southerly side of Hale Street; from thence north ten feet parallel to the easterly side of Gary Street; from thence five feet west on the sourtherly side of Hale Street to the beginning point End-of-Chapter Q: 3, p. 150 Is a legal description that states “more or less” and “northwesterly” okay if a plat map is attached with a metes and bounds description? Hale Street 200’ 10’ 5’ Gary Street Hale Street

25. Surveying Measure distances Determine boundaries