Methods of Legal Description. Deeds and Land Descriptions. Government Survey (PLSS)

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1 Deeds and Land Descriptions Methods of Legal Description Government survey (PLSS): boundaries identified relative to rectangular national grid as established by 1785 Act of Congress Metes and bounds: boundaries of parcel are given by course (direction) and distance, from a defined point of beginning (which is located by reference to a defined monument) Lot/block number, as shown on recorded plat (which plat in turn is based on metes and bounds description) Government Survey (PLSS) Most western land was gridded in 36 sq. mi. Townships, relative to E/W Baselines and N/S Meridians Each Township is divided into 36 Sections Each Section (shown) = 1 sq. mile, or 640 acres, in size 1

2 Each township comprised of 36 sections. Each section = 1 square mile = 640 acres. Land within a section can be conveyed by fractional notation, e.g., SE1/4 of SE1/4 of Section 7 SE1/4 SE1/4 Problem 2 As in Problem 2, many legal descriptions will use a metes and bounds description, but will establish the point of beginning by reference to the PLSS (i.e., by reference to a section corner) E.g., Beginning at the northwest corner of Section 10, Range 4 West, Township 2 North, Fifth Principal Meridian, thence... [metes and bounds description] Can you figure the approximate location of this parcel? Problem 2 example: Beginning at the northwest corner of Section 10, Range 4 West, Township 2 North, Fifth Principal Meridian Range 4 West is miles west of 5 th Principal Meridian Township 2 North is 6-12 miles north of related Base Line The beginning point for this description is located just outside Fredonia, Arkansas will overlay the PLSS grid onto Google Earth (which provides satellite view of land) PLSS alone is too cumbersome for small or oddly shaped parcels; for these, metes and bounds description is needed Boundary of parcel is marked from point to point by course (direction given by angle E/W of true N/S) and distance, from start (calculated by reference to monument or section corner) to each intermediate point and back to start Metes and Bounds Description 2

3 Problem 3 Deed describes land as the West 50 feet of Lot 13 of West Valley Park, as shown on plat recorded in Book 123, page 75, Green County Recorder s Office These kinds of descriptions are often used in documents creating easements (where the parties want to locate the easement along a parcel boundary, without describing that location by metes and bounds) Is it possible that this language could be ambiguous? If so, how? Description west 50 feet could be ambiguous depending on general shape of parcel If parcel is square/rectangular, there s no ambiguity If parcel is oddly-shaped, it could be ambiguous For example, is western 50 feet measured across the entire parcel (50 wide at all points), or along the street? Litton contracts to sell his home, at 3615 Falmouth Dr. in Columbia, MO, to Mitchell At closing, Litton tenders a deed, signed by Litton, and notarized Granting language and description in the deed provides: Grantor does hereby grant, bargain and sell, to Grantee and his heirs, successors, and assigns, all of 3615 Falmouth Drive. Does the deed validly transfer title? Problem 1 Street Address as Valid Description? Courts in a few states hold street address legally insufficient [e.g., Martin v. Siegel (WA. 1949), p. 40] In re Rivera (Colo. 2012) (deed of trust containing only a street address held invalid) Most courts are more flexible Missouri: A deed is void due to an uncertain property description only if, after resort to extrinsic proof, the intention of parties remains a mere matter of conjecture [Hamburg Realty v. Woods (1959)] 3

4 Extrinsic proof might include any legal description in any preceding deeds in the chain of title (e.g., the deed by which Litton acquired title) If a prior deed described the parcel by metes and bounds, and there s no evidence the parcel has been further divided since, the prior description could be sufficient to validate a street address description under the Woods standard Still, exclusive use of a street address is a terrible practice (as it almost certainly would enable a future buyer to object to marketability of title) Problem 4(a): Description Errors Contract: Lot 9 shown on Plat recorded in Book 212, Page 724, Allen County Recorder Description used in deed: Lot 8 as shown on Plat recorded in Book 212, Page 724, Allen County Recorder What is the impact of such an error: In a deed by Grantor to Grantee? In a mortgage granted by Grantee to Bank? In deed by Grantor to Grantee, the misdescription ( Lot 8 instead of the correct Lot 9 ) will not invalidate the deed Contract (and Grantee s taking of possession) clearly demonstrates Grantor s intent to convey title to Lot 9 Grantee could obtain reformation of the deed to correct the mistake (contract provides clear and convincing evidence needed for reformation) Could Grantee lose out if the Grantor later executes and delivers a deed purporting to convey Lot 9 to Third Party? If Grantee went into possession of Lot 9, Grantee s possession will provide inquiry notice of Grantee s claim to Lot 9 (preventing Third Party from claiming BFP status) Problem 4(a): Description Errors Contract and Deed to Grantee: Lot 9 shown on Plat recorded in Book 212, Page 724, Allen County Recorder Description used in mortgage given by Grantee: Lot 8 as shown on Plat recorded in Book 212, Page 724, Allen County Recorder What is the impact of such an error: In a mortgage granted by Grantee to Bank? 4

5 Again, misdescription would not necessarily invalidate the mortgage Bank could obtain reformation of deed to correct error (contract, deed, and mortgage loan application provide clear and convincing evidence needed for reformation) Now suppose that Grantee later executes and delivers a deed purporting to convey Lot 9 to Third Party? Third Party could argue she is a BFP protected by recording statute (title search didn t show mortgage over Lot 9) Third Party wouldn t have inquiry notice of Bank s lien (Bank isn t in possession) Should search by Third Party reveal the error? 5