Legal Description

Overview

A legal description is the formal, precise written identification of a parcel of real property that is recognized and accepted by law for the purpose of conveyance, taxation, and other legal matters. It serves as the foundation for all real estate transactions and property rights documentation. Unlike a street address, which may change or be duplicated, a legal description is permanent and uniquely identifies a specific tract of land.

Methods of Legal Description

Metes and Bounds

Metes and bounds is one of the oldest surveying methods, originating from English common law. This method describes property boundaries by specifying:

Starting point: A clearly identifiable monument or landmark

Bearings: Compass directions (north, south, east, west) with specific angles

Distances: Linear measurements between boundary points

Natural or artificial features: References to trees, rivers, walls, or fences

A metes and bounds description reads like directions: "Beginning at the stone monument at the northeast corner..." This method is still commonly used in eastern states and for irregular parcels.

Rectangular Survey System

Also known as the Government Land Office (GLO) system or Public Land Survey System (PLSS), this method divides land into a systematic grid:

Meridians and baselines: Reference lines running north-south and east-west

Townships: Six-by-six mile squares

Ranges: North-south divisions between meridians

Sections: One-mile-by-one-mile divisions within townships (640 acres each)

Quarter sections: Further subdivisions of sections

A rectangular survey description might read: "Section 12, Township 4 North, Range 3 East." This system is used extensively in western and midwestern states.

Lot and Block

This method, also called plat description, is used for subdivided properties:

Lot number: Individual parcel identifier within a subdivision

Block number: Group designation within the subdivision

Plat name: Official recorded subdivision name

County and state: Geographic location

Example: "Lot 15, Block 3, Riverside Subdivision, recorded in Book 234, Page 56."

Importance in Surveying

Accurate legal descriptions are critical for:

Real estate transactions: Essential for deeds and purchase agreements

Title insurance: Protects property owners from claims against ownership

Property taxation: Ensures correct assessment and billing

Boundary disputes: Provides evidence for resolving conflicts

Zoning and land use: Identifies properties subject to regulations

Mortgage lending: Required by lenders to secure loans

Professional Survey Standards

Surveyors follow strict standards when creating or certifying legal descriptions:

Use established benchmarks and monuments

Reference previous surveys when available

Apply modern instruments and GPS technology

Calculate areas and bearings with specified accuracy

Document all measurements and calculations

Prepare certified survey maps showing the description graphically

Digital Evolution

Modern legal descriptions increasingly incorporate:

GIS coordinates: Latitude and longitude references

Parcel mapping: Digital representations aligned with assessor records

Three-dimensional descriptions: For airspace and subsurface rights

Survey-grade GPS: High-precision coordinate systems

Conclusion

Legal descriptions remain fundamental to real estate and surveying practice. Whether using traditional metes and bounds or modern coordinate systems, accurate legal descriptions protect property rights and ensure clarity in all real estate matters. Professional surveyors play a vital role in preparing and certifying these descriptions according to legal and technical standards.