Legal Description

Overview

A legal description is a formal, precise written statement that uniquely identifies a parcel of real property. It serves as the official designation used in deeds, mortgages, surveys, and other legal documents to establish ownership boundaries and prevent disputes over property location.

Importance in Surveying

Legal descriptions form the foundation of property records and real estate transactions. Surveyors create these descriptions based on field measurements, existing records, and applicable state laws. An accurate legal description ensures that:

Property boundaries are clearly defined

Title transfers are valid and enforceable

Property taxes are assessed to correct parcels

Disputes over boundary lines can be resolved

Mortgages and liens attach to correct properties

Methods of Legal Description

Metes and Bounds

The oldest method, describing property by reference to natural or artificial landmarks (monuments) and measurements. It begins at a point of beginning and proceeds around the perimeter using bearings and distances. Example: "Beginning at the oak tree on the north bank of Miller Creek, thence north 45 degrees east 250 feet to a steel monument..."

Lot and Block

Used in subdivided properties, this method references recorded plats. The description identifies a specific lot number within a named block in a recorded subdivision. Example: "Lot 15, Block 3 of Meadowbrook Subdivision, as recorded in Plat Book 47, Page 23."

Township, Range, and Section

Based on the Public Land Survey System (PLSS), this rectangular survey method divides land into townships (6-mile squares), ranges, and 640-acre sections. Example: "The NE¼ of Section 12, Township 4 North, Range 3 West of the Third Principal Meridian."

Coordinates

Increasing in use with modern technology, coordinate descriptions use latitude/longitude or state plane coordinates to define boundaries precisely.

Requirements for Valid Legal Descriptions

A legal description must be:

Definite: Clear enough that a competent surveyor can locate the property

Complete: Including all necessary information to identify the parcel uniquely

Consistent: Free from contradictions or ambiguities

Recorded: Associated with official property records when applicable

Common Issues

Surveyors often encounter problems with existing legal descriptions:

Conflicting descriptions: Different documents describing the same property inconsistently

Ambiguous monuments: References to landmarks that no longer exist

Measurement errors: Historical descriptions containing incorrect distances or bearings

Overlapping boundaries: Multiple parcels with descriptions claiming the same land

Role of Professional Surveyors

Licensed surveyors are responsible for:

Interpreting historical descriptions and field evidence

Conducting boundary surveys to verify existing descriptions

Creating new descriptions for subdivisions and property divisions

Testifying as expert witnesses in boundary disputes

Ensuring compliance with state laws governing legal descriptions

Modern Standards

Contemporary surveying practices increasingly incorporate:

Digital mapping and GIS technology

GPS coordinates with stated accuracy standards

Three-dimensional descriptions for airspace and subsurface rights

Standardized formats ensuring digital recordation compatibility

Conclusion

Legal descriptions represent the critical link between physical land and legal ownership. Accurate, clearly written descriptions protect property owners, facilitate transactions, and provide the certainty necessary for a functioning real estate market. As surveying technology evolves, legal descriptions continue to become more precise and standardized while maintaining their essential function of unambiguously identifying real property.