Legal Descriptions. Chapter 9

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Legal Descriptions

Chapter 9 Chapter 9

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Legal Description Defined

•

• A description of land is legally sufficient A description of land is legally sufficient if it allows a competent surveyor to

if it allows a competent surveyor to locate the parcel.

locate the parcel.

–

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When Required

•

• A “legal description” is not needed for a A “legal description” is not needed for a contract to purchase real estate

contract to purchase real estate

–

– Ray Motor Lodge v.Shatz (64) 80 Nev. 114Ray Motor Lodge v.Shatz (64) 80 Nev. 114

•

• The APN is required to record a deed The APN is required to record a deed but the APN alone is not sufficient

but the APN alone is not sufficient

–

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Methods of Description

•

• Metes and BoundsMetes and Bounds •

• Rectangular or government surveyRectangular or government survey •

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Metes and Bounds

•

• From point of beginning (POB) back to From point of beginning (POB) back to point of beginning

point of beginning •

• Linear measurements used with Linear measurements used with reference to natural and artificial reference to natural and artificial boundaries called

boundaries called monumentsmonuments •

• Make sure the description goes back to Make sure the description goes back to POB

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More on Metes and Bounds

•

• See handout regarding Metes and See handout regarding Metes and Bounds

Bounds

–

– Survey linesSurvey lines –

– Compass pointsCompass points –

– Names of abutting property ownersNames of abutting property owners –

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Rectangular Survey

•

• Divides entire Divides entire

United States into a United States into a grid based on:

grid based on: –

– Principal Meridians Principal Meridians (North and South)

(North and South)

–

– Base Lines (East Base Lines (East and West)

and West)

•

• Not used in original Not used in original 13 colonies and 7 13 colonies and 7 other states

other states

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Meridians and Base Lines

•

• There are 36 principal meridians and 32 There are 36 principal meridians and 32 base lines in the United States

base lines in the United States •

• The principal meridian and base line The principal meridian and base line nearest Nevada are:

nearest Nevada are:

–

– 120th Principal Meridian ?120th Principal Meridian ? –

– Mount Diablo Mount Diablo Principal Meridian and Base Principal Meridian and Base Line

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Township Lines and Range Lines

•

• Township Lines or Township Tiers run Township Lines or Township Tiers run parallel to the base line and are six

parallel to the base line and are six miles apart.

miles apart.

–

– Township lines are numbered north and Township lines are numbered north and south of the principal base line

south of the principal base line

•

• Range lines run parallel to the Range lines run parallel to the

meridians and are six miles apart. meridians and are six miles apart.

–

– Range lines are numbered east and west Range lines are numbered east and west

of the principal meridian. of the principal meridian.

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Range Lines Township

Lines

Base Line

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A Check

•

• A check is 24 miles square and is A check is 24 miles square and is divided into 16 townships

divided into 16 townships •

• A check is not used in the property A check is not used in the property description

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T1N R4W 24 miles 24 miles A Check Base Line Principal Meridian

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A Township

•

• The Intersection of a township line and The Intersection of a township line and range line forms a township

range line forms a township •

• A township is the basic unit of the A township is the basic unit of the government survey system

government survey system •

• A township is 6 miles square and A township is 6 miles square and contains 36 sections.

contains 36 sections.

–

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Describing the Location

of a Township

•

• The location of a township is described The location of a township is described by:

by:

–

– How many township lines north or south of How many township lines north or south of a base line and

a base line and –

– How many range lines east or west of a How many range lines east or west of a principal meridian

principal meridian –

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Student Activity

•

• HandoutHandout

–

– Have students identify townships in the Have students identify townships in the diagram of a check.

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A Township

Divided into Sections

6 5 4 3 2 1 7 8 9 10 11 12 18 17 16 15 14 13 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36

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Sections

•

• Note the way sections are numbered Note the way sections are numbered beginning in the northeast corner.

beginning in the northeast corner. •

• Sections are further divided into halves Sections are further divided into halves (320 acres) and quarters (160 acres)

(320 acres) and quarters (160 acres) •

• Those halves and quarters are further Those halves and quarters are further divided into halves (80 acres) and

divided into halves (80 acres) and quarters (40 acres) and so on…

quarters (40 acres) and so on… •

• Note correction lines for earth’s Note correction lines for earth’s curvature

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Reading a Rectangular Survey

Description

•

• Read from Right to LeftRead from Right to Left

–

– From the end of the description to the From the end of the description to the beginning.

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Student Activity

•

• Identify the following and calculate the Identify the following and calculate the acreage:

acreage:

–

– NE1/4, NW1/4 of Section 28 of T1N,R4WNE1/4, NW1/4 of Section 28 of T1N,R4W –

– NE1/4,N1/2,NW1/4 of Section 17 of NE1/4,N1/2,NW1/4 of Section 17 of T1N,R4W

T1N,R4W –

– SW1/4,N1/2,NE1/4 of Section 22 of SW1/4,N1/2,NE1/4 of Section 22 of T1N,R4W T1N,R4W – – NW1/4 of Section 12 T1N,R4WNW1/4 of Section 12 T1N,R4W – – N1/2,SW1/4 of Section 32N1/2,SW1/4 of Section 32

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A Full Description

•

• A full description adds, at the end the A full description adds, at the end the location of the township e.g.

location of the township e.g.

–

– SW1/4,N1/2,NE1/4 of Section 22 of T3N, SW1/4,N1/2,NE1/4 of Section 22 of T3N, R4E of the Mt Diablo Principal Meridian R4E of the Mt Diablo Principal Meridian and Base Line

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Combined Description

•

• Combined metes and bounds with Combined metes and bounds with Rectangular Survey used when:

Rectangular Survey used when:

–

– Plot is irregularPlot is irregular –

– Plot does not fall within the rectangular Plot does not fall within the rectangular boundaries

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Lot and Block System

•

• Lot = the parcelLot = the parcel •

• Block = the subdivisionBlock = the subdivision •

• The subdivision location is described by The subdivision location is described by metes and bounds, rectangular survey metes and bounds, rectangular survey or combination.

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Air Lots

•

• Condominium lots measured by Condominium lots measured by reference to a datum

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Measurements to Memorize

•

• Township = 6 miles squareTownship = 6 miles square

–

– Contains 36 sectionsContains 36 sections

•

• Section = 1 mile squareSection = 1 mile square

–

– 640 acres640 acres

•

• Acre = 43,560 square feetAcre = 43,560 square feet •

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Licensing of Land Surveyors

•

• NRS 625NRS 625

–

– Pass exam on fundamentals of land Pass exam on fundamentals of land surveying (8 hour exam)

surveying (8 hour exam) •

• or receive a waiveror receive a waiver –

– Pass exam on principles and practices of Pass exam on principles and practices of land surveying (8 hour exam)

land surveying (8 hour exam) –

– Four years education and four years Four years education and four years experience or

experience or •

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Record of Survey

•

• NRS 625.340 et seq.NRS 625.340 et seq.

–

– After making a survey must record a After making a survey must record a record of survey

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Benefits of License

•

• Unlawful to practice land surveying Unlawful to practice land surveying without license

without license •

• Some extra rights to enter private land Some extra rights to enter private land with notice

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Legal Descriptions. Chapter 9