Chapter 7 Describing Land Interests Describing land is critical A correct legally sufficient description of the tangible property is required to convey title rights to real property Intangible real property rights are always tied to a particular physical location on the surface of the earth have to know exactly where it is begins and ends Boundaries not obvious appearances may be misleading Mistakes in descriptions have enduring consequences that can destroy marketable title Result of an incorrect legally insufficient description is voided conveyance Often don t know discover it for years imagine a link in chain of title voided years later Slide 2 Slide 2 Two types of property descriptions Description of intangible property rights is in the deed s habendum clause type of interest conveyed exceptions don t have and reservations keeping heirs and assigns forever except and reserving Description of the tangible property is by the legal description in the deed metes and bounds survey recorded plat map PLSS gov t rectangular survey Review Does the type of deed general warranty special warranty and quit claim alter the property being conveyed NO legal description combined with habendum clause exceptions and reservations defines the property So what is the difference b t types of deeds Slide 3 Slide 3 3 methods of legal description Metes and bounds survey Compass directed walk around the property From the point of beginning N00 00 00 E 100 thence E45 00 00 S 141 42 thence S90 00 00 W 100 to the point of beginning Recorded plat map e g lot and block number Utilizing M B survey to describe each named parcel PLSS US gov t rectangular survey where available Principle Meridian Baseline per longitude latitude and by survey area Range Lines Tier or Township Lines 6 miles apart Townships 6 miles square 36 sections 1 sq mile 640 acres S1 2 NW1 4 SE1 4 S16 T5N R64W 6th PM location size shape Not street address 3 Ps assessor s tax parcel number etc May suffice for the purchase sales contract why Slide 4 Slide 4 Rules of interpretation Construed against grantor and in favor of grantee why Non ambiguous description between duplicates controls Withington v Derrick unambiguous plat map prevails Patent ambiguity can only be resolved within the instrument or referenced in the instrument i e intrinsic evidence only no adding anything to the description Patent evident on the face e g obviously deficient description such as a description that fails to identify a point of beginning Patent ambiguities often cannot be resolved and deed fails Latent ambiguity can be resolved by extrinsic evidence testimony of parties or others etc parol evidence Latent not evident on the face can t know there s a problem without information beyond the instrument e g an apparently adequate description with a defect such as an incorrect block Slide 5 Slide 5 Gaut v Daniel Facts Earlier grantees claim parcel in later grantees deed TC found description sufficient rendering later grantee s deed a nullity Issue Was earlier grantees description legally sufficient Patent or latent ambiguity What evidence is admissible Holding No reversed Rationale Description fails because 1 no point of beginning 2 no survey courses for boundary lines and 3 reference to other writings that also fail to provide means of identifying the parcel Rule of law To be sufficient a deed must include in itself or by reference to another existing writing e g recorded subdivision plat map a means to identify the land being conveyed with reasonable certainty parol evidence is only permitted to interpret a description which appears sufficient but has a latent ambiguity parol evidence is not permitted to make complete a patently Slide 6 insufficient description Slide 6 Exam Prep Tips Focus on slides notes lectures Memorize terms definitions lists concepts etc Learn rules of law from cases where applicable Not Ch 1 those were for process of making law know that Frame questions from slides Think both multiple choice and T F Read carefully low middle and high fruit Don t reach too quickly for low fruit it may be there to temp you Cover answers and read questions first Watch for compound questions if it s not all true it s not true at all Slide 7 Slide 7 Sample Exam Question society as established and enforced by the sovereign gov t is the collection of rules for the operation of a Constitution b Statutes c Regulations d Ordinances e Law Slide 8 Slide 8 Sample Exam Question A fee freehold estate is both inheritable and uncertain or unlimited in duration a True b False Slide 9 Slide 9 Sample Exam Question The future interest paired with a fee simple determinable is a a Possibility of reverter b Right of entry Power of termination c Remainder d All above e None above Slide 10 Slide 10 Sample Exam Question Airspace beyond the immediate reaches above the land is part of the public domain and the lawful operation of aircraft within that such airspace cannot result in a taking of property outside that airspace due to no physical occupation outside such airspace US v Causby a True b False Note the compound question Slide 11 Slide 11 Next up Chapter 8 Co ownership of Real Estate Slide 12 Slide 12 Metes and bounds survey Property Compass 0 0 1 E 0 0 0 0 0 0 N North E 4 5 0 0 0 0 S 1 4 1 4 2 Point of Beginning S90 00 00 W 100 S90 00 00 W W 90 90 N E 0 0 0 0 0 0 N S 90 E E 4 5 0 0 0 0 S 90 Point of beginning tells us starting point and where on earth Degrees minutes and seconds tells how far to turn on compass First letter N tells direction surveyor facing to start center of compass Degree 1 360th circle minute 1 60th degree second 1 60th minute Second letter E tells what direction to turn on compass Finally the distance tells how far to go in that direction now walk Do it again and again until you return to the point of beginning close Slide 13 Recorded plat map Surveyor s Certifications Dept of Transporation Appv l Owner Certification Dedication Metes and Bounds Survey Town Planner Engineer Appv l Notary Public Acknowledgement Lot Numbers Parcel Names Public R O W Plat Name Slide 14 Longitude latitude Latitude parallel Equator 0 Latitude N S Hemispheres Longitude intersect at poles Prime Meridian 0 Longitude Greenwich England E W Hemispheres 40 00 00 N 97 22 08 W 6th PM Baseline 3 15 Locate survey area S1 2 NE1 4 SE1 4 S16 T5N R64W 6th PM W 8 2 2 7 9 3 16 Locate township using range tier lines S1 2 NW1 4 SE1 4 S16 T5N R64W 6th PM 5x6 30 miles north 64x6 384 miles west 3 17