Monday, March 16, 2015

If there was ever a way there was a way... to real estate.

There are boundaries to land and legal land descriptions. Property has to located accurately, contracts have to be defined property, and that makes you the best broker in the world. What's the property location? What shape is it? What size is it? What's on it? Which titles are included? Who wants to know? -- title insurance, lenders, buyers? What is the best way to describe the property? You must accurately describe a property on the deed, mortgage, and other instruments of conveyance.

Base line (not baseball): a line that is a base for measurement or a line that is a base for construction: point of reference. In surveying: the baseline is the principal dividing line east-west that divides north-south (http://www.landprints.com/LpRectangularSurveySystem.htm)
Government survey system (GSS): most rectangle
Legal description: a land description location of the written words which delineate a specific piece of real property -- in the written transfer of real property it is required that the instrument of conveyance (deed) include a written description of the property.
Lot and block: survey system method used in the United States and Canada to locate and identify land, particularly for lots in densely populated metropolitan areas, suburban areas, and exurbs. Aka. recorded plat survey system or recorded map survey system.
Metes-and-bounds description: a boundary or boundary stone -- a system or method of describing land, real property, in contrast to personal property. The system has been used in England for many centuries and is still used there in definition of general boundaries. It was applied in the original Thirteen Colonies in the U.S. The system used physical features of local geography, along with directions and distances to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel sequence, from a point of beginning, returning to the same point. It may include references to other adjoining parcels.
Monument: buildings designed as landmarks, church monuments to commemorate the dead, columns topped with a statue, eternal flame that keeps burning, fountain, grave stone, tomb, mound, arches, temples, statues, war memorials: a statue building or other structure erected to commemorate a notable or famous person or event. an outstanding, enduring, and memorable example of something.
Patent: a government authority to an individual or organization conferring a right or title esp. the sole right to make, use, or sell some invention. (obtain a patent for an invention): copyright, license, legal protection, registered trademark: a patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
Point of Beginning (POB): (public land survey system) -- the surveyor's mark at the beginning location for the wide scale surveying of land.
Principal Meridian: meridian used for survey control in a large region -- in the US Public land Survey System, a principal meridian is the principal north-south line used for survey control in a large region and which divides townships between east and west. The meridian meets its corresponding base line at the point of origin or initial point for land survey.
Range: the horizontal direction and length of a survey line determined by at least 2 fixed points.
Section: subdivision, part, subsection, bit, passage, component
Survey: examine and record the area and features of an area of land so as to construct a map, plan, or description -- an act of surveying an area of land -- a map, plan, or detailed description obtained in such a way -- measuring points and positions on earth.

There are purposes of land descriptions and there is an evolution to legal land descriptions:
A legal description of a property clearly defines its parcels from other parcels.

legal description

A series of boundary lines on the earth's surface to identify the boundaries of a land parcel. A surveyor can find a piece of land by reading a legal description. Land had to be surveyed and parceled before it could be conveyed. During conveyance a legal description is made.

Who writes the legal description in real estate? Does the broker write the legal description or a legal description firm?


survey


A drawing of a parcel of land that shows the boundary lines, including a legal description of the property. Boundary survey here: https://static.knowledgehub.com/assets/ed/48/BoundarySurvey.pdf

Tampa land surveyor: http://landsurveyorsunited.com/


As soon as people started owning land, possessing it, and using it for enjoyment, surveys began. The other main reasons to survey a property are:

1) To obtain the current boundary information to write a legal description

2) Describe an exact quantity of area within a tract (miles, acres, square feet)

3) Reestablish boundaries that may have become lost or obliterated

4) To obtain data to subdivide 1 parcel into many parcels
5) To identify and describe encroachments

The first time a legal description had to be written for the government to pass on land to private owners. This is probably around the time of the pilgrims or the establishment of the 13 colonies. A patent is an original deed that transfers land to a private individual. 

patent


A certificate issued by the federal or a state government that transfers land to a private individual. A land patent is an exclusive land grant made by a sovereign entity with respect to a particular tract of land. To make such a grant “patent”, a sovereign (proprietary landowner) must document the land grant, securely sign and seal the document (patent), and openly publish the documents for the public to see. I always saw patents as invention protection. Haha, old.



Colonials would request a patent for a land they wanted, pay the purchase price, and then hire a surveyor to mark boundaries and create a legal description for the land. So I guess surveyors survey and write legal descriptions of land. The 13 colonies used a system of metes and bounds to divide the land. The settlers would take their records to the county court house to record. (So the colonial would apply for a patent, purchase the land, hire a surveyor to boundary and legally describe, then file doc. with court house). So the Revolutionary War came and England lost its US land. So the Feds owned the old English land now. They figured the best way to survey the new land to get it up for sale was to grid it with large parallel lines (known as the government survey system). Recap: a legal description describes a particular piece of property making it unique from any other and a survey is a drawing of a parcel of land that shows boundary lines and includes a legal description.

So to make it easy for everyone, the surveyors came up with three main types of legal descriptions:
1) The Metes and Bounds Description: which is the oldest survey method.

metes-and-bounds description

The most accurate method of land description that is used to describe both regular and irregular shaped parcels. Metes and bounds is used for regular and irregular land shapes. Metes means distance and bounds means direction. You start at a point of beginning in a metes and bounds system (this is an exact point). If that first description (the POB) is inaccurate, then the whole metes and bounds description is out of whack. A reader who understands metes and bounds can draw boundaries of a parcel picture from a written description. Starting at POB there is a line to the first corner point, then another line to another corner point, which goes around until forming a circle. Each corner is a monument. Monument: A fixed object (marker) used to identify the point of beginning (POB) and the corners of a parcel. Colonial surveyors would use large object such as an oak tree to corner point. Now, brass, concrete, or iron monuments are placed by the US Army Corps of Engineers or trained private land surveyors. Lines are like a compass. Length is in feet to the nearest 100th. The POB and the corners create a circle. Like a compass, a metes and boundaries has north, south, east, and west. Drawing a N-S line and and E-W line gives you four quadrants. N-S line is primary reference line. Metes and bounds begins with N-S then goes a degree no more than 90. The direction and degree that follow is the monument point. If you start at N and go SE you miss the quadrant NE. You can never exceed 90 degrees in any of the quadrants. Quadrants are: NE, SE, SW, NW. 45 is halfway 90. 85 is close to 90. Never pass 90. So if you plot 95 degrees NE you are wrong. You want to be 5 below E, So you plot 85 degrees SE. Metes and bounds points have an opposite. 10 NE = 10 SW. Directions can be given in degrees, minutes, and seconds to be more accurate than degrees. Each degree is 60 minutes. 1 degree is 60 minutes. The point between degree 1 and degree 2 is 30 minutes. Each minute is divided into 60 seconds. 1 degree is 60 minutes and 1 minute is 60 seconds. Don't know that further. Survey school? Surveyor and mapper newsletter: http://www.myfloridalicense.com/dbpr/os/SurveyorsMappersNews.html. What happens when land is all mapped? As ever, degrees O, minutes ', seconds ".


Government Survey System:
The Revolutionary War ends, all this land is available, new settlers are immigrating, so the government needs to survey it. All of this land was gridded into squares. (Government survey system is the US system of rectangular surveys and the public domain survey). The GSS ended in 30 states, on top of the 13 colonies. The GSS basis is intersecting lines. GSS is simple, accurate, and describes land in symbols and words, resulting in a shorthand land description. Shorthand is an abbreviated symbolic writing method that increases speed and brevity of writing as compared to a normal method of writing a language. The process of writing in shorthand is called stenography, from the Greek stenos (narrow) and graphē or graphie (writing). Many forms of shorthand exist. A typical shorthand system provides symbols or abbreviations for words and common phrases, which can allow someone well-trained in the system to write as quickly as people speak. Shorthand is cool! I'm going to be in school forever. Free Stenography for now: http://study.com/articles/Learn_Stenography_for_Free_Online_List_of_Free_Stenography_Courses_and_Education_Materials.html

A beginning line is drawn from north to south which is the principal meridian, then a line is drawn west to east, the base line.


principal meridian

Imaginary lines running north and south that are used as reference lines in the government survey system.

base line


Imaginary lines running east and west that are used as reference lines in the government survey system. There are principal meridian line and base line in Tally that govern surveys in FL (estab. 1800s)

List of cadding schools in Tampa: http://study.com/autocad_technology_certificate_programs_in_tampa.html There's one lol.


A grid system was created at the principal meridian and base line of Tallahassee, going out and drawing a line every six miles to the West and East of the PM. Each 6 mile expanse PM 6 | 6 | 6 | is the tange = range here is 6 miles.

range

A six-mile-wide vertical (north/south) strip enclosed between two range lines. Does the range have to be 6 miles? Is this case, yes. Each range is numbered r3w | r2w | r1w PM r1e | r2e | r3e -- range number increases as you move away from PM.
grid |grid|
noun
1 a framework of spaced bars that are parallel to or cross each other; a grating: the metal grids had been pulled across the foyer.
2 a network of lines that cross each other to form a series of squares or rectangles.

Townships were formed from the base lines going n and south in the east west direction.  Also every 6 miles. The squares formed from the PM lines extending and the Base Lines extending give you townships. So the 6 mile ranges and the 6 mile townships give you squares. Township line numbers increase away from the BL just as the range line numbers increase away from the PM.

townships

The square formed by the intersection of two range lines and two township lines.

T3n
r2w |___| r2e
T2n
r1w |___| r1e
T1n
Base line PM
T1s
r2w |___| r1e
T2s
r2w |___| r1e
T3s 

A township is a little square 6 miles and a big square 36 miles 6x6. So a full range 6 to the east and 6 to the west and a full 6 town ship to the south and 6 town ship to the north is 36 miles.

section


A one mile square in the Government Survey System of legal description. One square mile is 640 acres. Legal description: show section umber first, then township tier number and direction. 

Just to review:

Locating Sections

Suppose you want to locate a section of land in Florida, and this is the legal description given to you: "All of Section 36, Township 1 South, Range 1 West, Tallahassee principal meridian and base line." The numbers assigned to the township tier and range tell you immediately that you are dealing with property very near Tallahassee because the range (1 West) is the first six-mile segment immediately west of the principal meridian. The tier of townships (1 South) must be the first six-mile strip immediately south of the horizontal base line. Considering how sections are numbered, Section 36 cannot be anywhere except in the lower right corner of the township numbered T1S, R1W. Therefore, the section you seek begins five miles south of the intersection of the Tallahassee principal meridian and Base Line and immediately west of the Tallahassee principal meridian.

So you have a mile at 640 acres and then you have an acre divided into 4 quadrants 160 acres and 160 acres divided into 4 quadrants 40 each. Within a mile (640 acres you have 4 corners) -- 1 corner NE 160 miles, SE 160 miles, SW 160 miles, NW 160 miles. Quadrants are called Quarters. 4 Quarters (1/4 each = 160 acres each). If you are interested in a tract of land less than 160 acres, you can divide the quarter with a line. Keep dividing until to find the tract amount you are interested in. 1 miles 640 acres / 4 160 each / 4 40 acres each / 4 10 acres each / 4 2.5 acres each / 4 .625 acres each. The legal description would say NE 1/4 or SW 1/4 or SE 1/4 or NW 1/4. You can locate the tract described knowing the corner division in the first place. This is still metes and bounds.

How do you calculate size?

To find the number of acres in a tract: take 1 square 1 mile at 640 acres. Then, divide by 4 as above. The longer the legal description, the smaller the land.  For example, the SW¼, NE¼, SE¼, NW¼ of a certain section contains how many acres?
      640 ÷ 4 = 160; 160 ÷ 4 = 40; 40 ÷ 4 = 10; 10 ÷ 4 = 2.5;
      or 640 ÷ 4 ÷ 4 ÷ 4 ÷ 4 = 2.5 acres or you can multiply the denominators then divide by 640 acres. 4x4x4x4 = 256. 640 / 256 = 2.5 acres. Multiple the denominators and then take the 640 acres and divide into the multiplied denominators total. Just know that a description containing 4 1/4 is 4 2.5 acre tracts. A description with only 3 1/4 is 10 acres. 4x4x4 = 64. 640 / 64 = 10. So 2 1/4 is 4x4 = 16. 640 / 16 = 40 acres. 1 1/4 is 160 acres.

What will you do if you are required to find the total acreage of a tract with a legal description that contains the word and within the description? For example:
      SE¼ of the NW¼ and NE¼ of the SW¼ so... se1/4 and ne1/2 = 16. and nw1/4 an sw1/4 = 16. so 640/16=40 acres. and then 40 acres + 40 acres is 80 acres.

Moving on to Lot and Block:

Single family dwellings in a developed subdivision most likely the lot and block method of land description for legal descriptions.


lot-and-block

A method of legal description is used to identify lots within a recorded subdivision plat map. Lot and block can only be used where plat maps have been recorded with court in public records. Lot and block AKA. plat method, description of recorded plat, or description by recorded map. Subdivision plat is divided into blocks and further divided into lots. Block A B C. Lot 1 2 3. Block has many lots. Subdivision plat map has many blocks and lots. Block letter Lot number for clarity.
A plat map is an engineer's plan for the land use superimposed on a map. Plat map includes public utility easements, streets, lots, blocks, dimensions, and other plans for land improvement. Also, a subdivision plat map can show schools and parks. "The plat map must show the location of the fixed monuments established and placed in the ground and the survey data needed to locate each lot, block, and street with reference to the permanent monuments. The entire tract is probably referenced to the government survey system." Subdivision is given a name such as Miami Oaks. Plat map is recorded under the subdivision name by book and page number. Recording makes map part of public records. Plat map and book in records make any further legal descriptions an easy and simple matter. 
You can combine methods of legal description. Legal descriptions are not mutually exclusive.
Like such, a lot and block description in a plat is created in metes and bounds land or else government survey system land. So they layer. Legal descriptions are onions. Past present and sometimes future. A developer can hire a surveyor to stake parcels using the metes and bounds method. Surveyors grid land for developers. Used to grid land for government. I guess a surveyor can grid land for anyone.  As such, "A developer hired a surveyor to stake out parcels using the metes-and-bounds method. The boundary survey indicates the surveyor's metes-and-bounds description of Lot 26, and the lot-and-block description of Lot 26 is worded, "Lot 26, Blues Creek Unit—4, a portion of a planned unit development as recorded in Plat Book 'S,' page 3, of the public records of Alachua County, Florida."
There is such thing as a tax map:
Tax: 1 a compulsory contribution to state revenue, levied by the government on workers' income and business profits or added to the cost of some goods, services, and transactions.
Every parcel of land in a tax district is assessed for tax purposes. Each parcel gets a parcel ID number called a PID and each PID is assigned to the country property appraiser office. PID numbers are used to prepare tax maps. A property appraiser tax map is a scaled drawing based on a recorded plat map  of all the parcels within a tax district showing the exact location of property, dimensions and the amount of value assessed per property parcel. This tax info. prepares each tax roll each year. A PID number can identify a particular parcel too.

More:
Each township contains 36 sections. An acre equals 43,560 square feet-approximately 208.71 feet × 208.71 feet. A mile equals 640 acres. Again an acre equals 43,560 square feet, so 208.71 feet x 208.71 feet. 1 acres equals 43,650 square feet. 208.71 x 208.71 = 43,650 square feet in 1 acre.

Recap:
Just realized, legal descriptions are metes and bounds, government survey system, and lot and block description. Metes and bounds is the most accurate way to describe regular and irregular shaped land. Metes (distance) bounds (direction). POB is the starting point of metes and bounds where the measurements begin. Corners of parcels of land are identified using monuments. The government survey system was commissioned by the federal government to survey land (new land acquired from the winning of the Revolution), the method of legal description relies on intersecting north-south and east-west lines that form a grid system. In Tally, the principal meridian and base line intersect.
The principal meridian runs north-south and the base line runs east-west. A series of lines parallel to the principal meridian were established every six miles forming six-mile-wide strips that run north and south and are called ranges. Parallel lines established every six miles on either side of the base line form east-west strips of land called tiers or townships. A township, also is a square six miles square and containing 6 squares on each side so 36 sections. A section is one mile by one mile and 640 acres total. Sections are numbered within a township, beginning at the top right corner and numbered right to left (sections one through six), then the next row of sections is numbered left to right (sections seven through 12), and so on. To calculate the acres in a government survey legal description, multiply the de-nominators of each fraction together and then divide 640 by the result. If the word and appears in the description, calculate the acres on each side of the word and separately and then add the two acreages together. Lot-and-block descriptions are used where plat maps of single-family subdivisions have been recorded in the public records. The platted subdivision is divided into blocks, and each parcel within the block is a lot.

And again:
 Ranges are vertical (north/south) strips of land parallel to the principal meridian. A government lot is composed of fractional pieces of land less than a full quarter section located along the banks of lakes and streams. The line opposite North 20 degrees East is South 20 degrees West. The number of degrees does not change, only the compass directions. The government survey method was commissioned in 30 states other than the original 13 colonies and few other states. The further away from the principal meridian, the larger the number of the range. 640 ÷ 4 ÷ 4 = 40 acres; 640 ÷ 4 ÷ 2 = 80 acres; 40 + 80 = 120 acres. 640 ÷ 4 ÷ 4 ÷ 4 = 10 acres. Section 12 is located directly south (below) section 1. Townships are north or south of the intersecting point; ranges are east or west of the intersecting point. Range 1 East is the first vertical strip of land east of the principal meridian and touches the intersecting point. The lot and block method is used for single-family dwellings located in developed subdivisions where plat maps have been recorded in the public records. The sections are contiguous and form a horizontal strip that is longer on two sides, forming a rectangle. Each parcel is assigned a Parcel ID number by the county property appraiser's office.

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