Modern Real Estate Practice in Pennsylvania 12 th

Modern Real Estate Practice in Pennsylvania 12 th Edition Chapter 4: Legal Descriptions

4 Legal Descriptions • Learning objectives – Identify three methods of describing real estate – Describe how a survey is prepared – Explain how to read lot-and-block and metes and bounds descriptions – Distinguish various units of land measurement – Define key terms © 2012 Kaplan, Inc. 2

Practical Goal Property Description paragraph from the PAR “Agreement of Sale” Identify real estate and describe it with an offer to purchase property © 2012 Kaplan, Inc. 3

4 Legal Descriptions • Describing land – “Commonly known as” – 1313 Mockingbird Lane • Legally sufficient – Accepted in court of law – Based on survey © 2012 Kaplan, Inc. 4

4 Legal Descriptions • Methods of describing land – Metes and bounds – Rectangular (government) survey system – Lot and block (recorded plat) © 2012 Kaplan, Inc. 5

4 Legal Descriptions In Pennsylvania • Legal descriptions – Metes and bounds — oldest used form of legal description – Lot and block — commonly used for subdivisions © 2012 Kaplan, Inc. 6

4 Legal Descriptions • Metes and bounds – Starts and ends the point of beginning (POB) • Proceeds clockwise around boundaries • Measurements: “more or less” (Metes = Distance) – Linear boundaries (Bounds = Directions) – Monuments (fixed objects) • Used to be rocks or streams • Now, often rebar © 2012 Kaplan, Inc. 7

Frontage © 2012 Kaplan, Inc. 8

4 Legal Descriptions • Monuments and boundaries – Complex descriptions require surveyor – Problems with deterioration of monuments – Consult surveyor! © 2012 Kaplan, Inc. From Dearborn Real Estate Education, “Essentials of NJ Real Estate” 9

4 Legal Descriptions • Lot-and-block system – Lot and block numbers referred to in a plat map – Map filed in the recorder or deeds office in county where parcels are located From Dearborn Real Estate Education, “Essentials of NJ Real Estate” © 2012 Kaplan, Inc. 10

4 Legal Descriptions In Pennsylvania • Lot and block – Subdivision plat by surveyor or engineer – Metes and bounds developed – Identifies parcels that will be subdivided – Lot and block refers to original M-&-Bs • PA Municipalities Planning Code defines a subdivision as two or more lots, tracts or parcels, unless for agricultural purposes © 2012 Kaplan, Inc. 11

Subdivision Plat Map (4. 2) © 2012 Kaplan, Inc. 12

4 Legal Descriptions • Rectangular survey (Government Survey System is not used in PA) • Based on sets of two intersecting lines: – Principal meridians — north and south – Base lines — east and west – Use degrees of longitude and latitude • Further divided into townships and sections – Each section is one mile square containing 640 acres – Each township is 6 miles square containing 36 square miles © 2012 Kaplan, Inc. 13

Rectangular System From Dearborn Real Estate Education, “Essentials of NJ Real Estate” © 2012 Kaplan, Inc. 14

4 Legal Descriptions • Preparing a survey – Only licensed surveyor or title attorney should create or alter legal descriptions. • Spot surveys show size, shape, and location of buildings © 2012 Kaplan, Inc. 15

4 Legal Descriptions • Spot Survey – Shows location and size of improvements to land – Surveys not required to transfer property in PA – Always required when subdividing • Lender may require one © 2012 Kaplan, Inc. 16

4 Legal Descriptions • In Practice – Because land is transferred frequently, legal description must be identical – Incorrect descriptions create title issues – Avoid discrepancies and errors to reduce legal problems © 2012 Kaplan, Inc. 17

4 Legal Descriptions • Measuring elevations – Subdivided air creates air lots • Condominiums – Plat must show elevations of floors – Must define vertical and horizontal dimensions of the floors and units • Subsurface rights face similar issues © 2012 Kaplan, Inc. 18

4 Legal Descriptions • Datum – A point, line, or surface from which elevations are measured or indicated – USGS (U. S. Geological Survey): mean sea level at New York Harbor – Chicago: low-water level of Lake Michigan – Establishes the height of structures or the grades of streets – Large cities establish a local datum • Benchmark – Permanent reference points – Local benchmarks simplify surveying © 2012 Kaplan, Inc. 19

4 Legal Descriptions • Land units and measurements – Acre: 43, 560 square feet, 160 square rods – Mile: 5, 280 square feet— 1, 760 square yards, 320 rods – Kilometer: 0. 62 miles – Section: 1 mile square, 640 acres (160 acres = a quarter section) – Square yard: 9 square feet – Square foot: 144 square inches – Cubic yard: 27 cubic feet © 2012 Kaplan, Inc. 20