9.1 Methods of Legal Description

Methods of Legal Description

Informal property descriptions (like street address or property name) are not sufficient for public recordation or legal purposes because they lack permanence and the detail needed for a surveyor to locate the property. A legal description accurately locates and identifies property boundaries to a degree acceptable by courts in the property’s state.

• Legal descriptions must provide enough detail for a surveyor to locate the parcel.
• They ensure properties are unique and distinct from all others.
• Required for public recording, deeds, leases, mortgages, and legal rulings on boundaries, encroachments, and easements.
• Help prevent disputes and ensure accuracy and consistency over time.

The three accepted methods of legal description:

1. Metes and bounds
2. Rectangular survey system (government survey method)
3. Recorded plat method (lot and block method)

Older states (East Coast) mainly use metes and bounds; Midwest and West use the rectangular survey system; some states use a combination.

Check-In Questions

• Why are informal property descriptions (like street addresses) not acceptable for legal documents?
  They lack permanence and detail for accurate location
  They are too expensive
  They are only used for mailing
  They are not recognized by surveyors
  Show Answer

  Correct Answer: They lack permanence and detail for accurate location
  Legal descriptions must allow a surveyor to uniquely locate the property.
• Which of the following is NOT an accepted method of legal description?
  Metes and bounds
  Rectangular survey system
  Recorded plat method
  Street address
  Show Answer

  Correct Answer: Street address
  Street addresses are not sufficient for legal documents or public recordation.