Real Estate Salesperson · Real property characteristics, legal descriptions and property use · 8 min read
Legal Description Methods, Metes and Bounds and Surveys
- Differentiate formal legal descriptions from informal property references such as street addresses in real estate transactions.
- Explain the components, terminology, and measurements used in a metes-and-bounds legal description.
- Identify the primary types of land surveys, property encroachments, setback requirements, and the professional responsibilities of a real estate salesperson.
Legal Descriptions and Property Identification
In real estate practice, every parcel of land must be identified clearly so that all parties know exactly what property is being transferred, pledged, or evaluated. A legal description is a precise written description that uniquely identifies a specific parcel of real estate from any other parcel on Earth. A legal description is legally sufficient when it identifies the parcel with reasonable certainty. Locating the physical boundaries of that parcel on the ground may also require consulting referenced records, physical monuments, and other supporting evidence.
A common point of confusion for consumers and new licensees is the distinction between a formal legal description and a street address. A street address is considered an informal reference rather than a legal description. Street addresses can change over time as municipal addressing authorities renumber streets or rename roads. Because of this, a street address by itself is not a reliable legal description for a deed. Furthermore, a street address simply identifies a delivery or physical location; it does not define the exact boundary lines, shape, or physical dimensions of a parcel of land.
Formal documents transferring or securing real property have specific requirements for property identification. Deeds and mortgages must identify the property with sufficient certainty, and they commonly use a formal legal description to satisfy this standard. However, licensees should note that while a mortgage relies on a sufficient property identification, a mortgage does not itself pass clear title. When it comes to real estate purchase agreements, rules depend on state law: an informal property reference may suffice in a sales contract if it identifies the parcel with reasonable certainty, but including a complete legal description helps avoid ambiguity.
Across the United States, three primary methods are used to legally describe land: the metes and bounds method, the rectangular (government) survey system, and the lot and block system. Each method provides a systematic approach to defining land boundaries with precision.
Common mistakes
- Treating a street address as a legally binding legal description on a deed, overlooking that addresses can change and do not define parcel dimensions or boundaries.
- Assuming that a metes-and-bounds description that does not close automatically invalidates the description or makes the title defective, when it instead indicates a survey or drafting discrepancy requiring investigation or correction.
- Believing that stated acreage in a deed overrides physical monuments or controlling boundary calls in a dispute, when stated acreage is generally less persuasive.
- Attempting to draft or modify a legal description personally instead of consulting the supervising broker and referring the client to a professional land surveyor or attorney.
Key points
- A legal description uniquely identifies a specific parcel of land from any other on Earth and is sufficient when it identifies the property with reasonable certainty.
- A street address is an informal reference that does not define boundaries or dimensions and is not reliable by itself for a deed.
- The three primary land description methods in the United States are metes and bounds, the rectangular (government) survey system, and lot and block.
- Metes and bounds uses distances and boundary references to trace a parcel from its point of beginning; an angle stated as a quadrant bearing does not exceed 90 degrees, but calls can use other directional systems.
- When boundary calls conflict, original physical monuments generally carry greater weight than stated distances, bearings, or stated deed acreage.
- Depending on their type and scope, surveys may identify property boundaries, depict setback lines, and reveal visible encroachments, helping buyers and lenders assess title concerns and survey exceptions.
- Salespersons work under a supervising broker and should not independently draft or change legal descriptions; they should refer surveying questions to licensed surveyors and legal disputes to attorneys, consistent with state law.
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