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Legal Description Writing ~ Advanced ~ Legal Description Writing Maryland Society of Surveyors Hunt Valley, Maryland October 5, 2017 Presented by Gary R. Kent, PS The Schneider Corporation Indianapolis, Indiana © 2017, Gary R. Kent, PS The Schneider Corporation Indianapolis, Indiana Biography of Gary R. Kent Gary Kent is Integrated Services Director for The Schneider Corporation, a land surveying, GIS and consulting engineering firm based in Indianapolis and with offices in North Carolina, Florida, Texas and Iowa. He is in his 34th year with the firm and his responsibilities include account and project management, safety, corporate culture, training, coaching and mentoring members of the surveying staff, and advising the GIS Department on surveying matters. Gary is a graduate of Purdue University with a degree in Land Surveying; he is registered to practice as a professional surveyor in Indiana and Michigan. He has been chair of the committee on ALTA/NSPS Standards for NSPS since 1995 and is the liaison to NSPS for the American Land Title Association. He is also past-president of the American Congress on Surveying and Mapping and a twice past president the Indiana Society of Professional Land Surveyors. A member of the adjunct faculty for Purdue University from 1999-2006, Gary taught Boundary Law, Legal Descriptions, Property Surveying and Land Survey Systems and was awarded “Outstanding Associate Faculty” and “Excellence in Teaching” awards for his efforts. Gary is on the faculty of GeoLearn (www.geo-learn.com), an online provider of continuing education and training for surveyors and other geospatial professionals. He is also an instructor for the International Right of Way Association. Currently in his fourteenth year on the Indiana State Board of Registration for Professional Surveyors, Gary is frequently called as an expert witness in cases involving boundaries, easements and land surveying practice. He regularly presents programs across the country on surveying and title topics, and he also writes a column for The American Surveyor magazine. Contact Information Gary R. Kent, PS The Schneider Corporation 8901 Otis Avenue Indianapolis, IN 46216 Phone - 317.826.7134 [email protected] 1 Advanced Legal Description Writing I. Background and Considerations A. Maryland Statutes and Administrative Code/Regulations B. 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys C. Lender requirements II. The Sufficient Legal Description A. Purpose and Sufficiency B. Do’s and Don’ts i. Gaps and overlaps C. Understanding the effect of typical words and phrases i. The parts of a legal description D. Determining or establishing intent i. Unwritten rights/rights of possession E. Determining what controls i. References to monuments in land descriptions ii. References to maps and plats in land descriptions iii. Curves iv. Water boundaries v. Subterranean and aerial descriptions vi. Reversionary rights III. Types of descriptions and examples/templates A. Metes and bounds B. Bounds C. Aliquot part D. Lot/Block subdivision E. Strip (Centerline) F. Area G. Combination (quasi-metes and bounds) a. Division line b. Proportional parts c. Linear d. Station/offset H. State Plane Coordinates IV. Writing Descriptions – exercises A. Basic B. Moderate C. Challenging D. 3-Dimensional i. Aerial ii. Subterranean 2 I. Background and Considerations A. Maryland Laws and Regulations Article – Business Occupations and Professions. §15–101. (k) (1) “Practice land surveying” means any service, work, documentation, or practice, the performance or preparation of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of the relevant law, as applied to: … (i) measuring, platting, and locating lines, angles, elevations, natural or artificial features in the air, on the surface of the earth, in underground work, and on the beds of bodies of water for the purpose of determining and reporting positions, topography, areas, and volumes; (ii) the platting or replatting, establishing or reestablishing, locating or relocating, or setting or resetting the monumentation for boundaries of real property, easements, or rights– of–way; (iii) platting, layout, and preparation of surveys, plats, plans, and drawings, including: 1. site plans; 2. subdivision plans; 3. subdivision plats; 4. condominium plats; 5. right–of–way and easement plats; and 6. other recordable plats; (iv) conducting horizontal and vertical control surveys, layout or stake–out of proposed construction, and the preparation and platting of as–constructed surveys; (v) utilizing measurement devices or systems, such as aerial photogrammetry, global positioning systems, land information systems, geographic information systems, or similar technology for evaluation or location of boundaries of real property, easements, or rights–of–way; and (vi) in conjunction with the site development or subdivision of land, the preparation and design of plans for the following projects, provided that such preparation and design are in accordance with design manuals, details, and standards accepted by the State or local authority: 1. road and street grades; 2. sediment and erosion control measures; 3. nonpressurized closed storm drainage and stormwater management systems; and 4. open conduit storm drainage and stormwater management systems. 09.13.06.08 Metes and Bounds Descriptions. A. Purpose. The purpose of a metes and bounds description is to create a written legal description of the subject tract of land that provides information necessary to properly locate the property on the ground and distinctly set it apart from all other properties. B. Result. (1) A metes and bounds description shall indicate the general location of the property by: (a) Naming the particular lot or block, or other acceptable identification within which it is located, if the property is located in a subdivision; or (b) By reference to the deed for the parcel being described, and information with regard to tax or election district, county, and state. (2) The description shall also logically compile and incorporate calls for the following: (a) Courses and distances with a statement regarding the basis of bearing; (b) Adjoining record title lines, and rights-of-way as appropriate; and (c) Statement of the subject land area. 3 (3) The point of beginning shall be carefully chosen and described in a manner which will distinguish it indisputably from any other point. (4) Curved boundaries shall include sufficient data to define the curve, including the direction of curve, radius, arc length, chord bearing, and chord length. The description shall also include the identification of nontangent curves. (5) If a metes and bounds description is based upon a boundary survey performed in accordance with Regulation .03 of this chapter, sufficient monuments or reference control points which were used to determine the property lines shall be called in the metes and bounds description. (6) The metes and bounds description shall contain a statement to the effect that a licensee either personally prepared a metes and bounds description or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter. (7) The metes and bounds description shall be signed and sealed by a surveyor who personally prepared or was in responsible charge over the preparation of the metes and bounds description. B. 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys Section 6. A plat or map of an ALTA/NSPS Land Title Survey shall show the following information…. Section 6.B.ii. - Any new description of the surveyed property that was prepared in conjunction with the survey, including a statement explaining why the new description was prepared. Except in the case of an original survey, preparation of a new description should be avoided unless deemed necessary or appropriate by the surveyor and insurer. Preparation of a new description should also generally be avoided when the record description is a lot or block in a platted, recorded subdivision. Except in the case of an original survey, if a new description is prepared, a note shall be provided stating (a) that the new description describes the same real estate as the record description or, if it does not, (b) how the new description differs from the record description. C. Lender Requirements Lenders – in associated with an ALTA/NSPS Land Title Survey - often demand that the surveyor prepare a new metes and bounds description for every property surveyed unless the results of the survey are exactly the same as in the record description. Following are the requirements from the John Hancock Life Insurance Company (dated February 23, 2016) relating to legal descriptions. … 4) Legal Description Requirements. The surveyor is to prepare a new metes and bounds legal description of the perimeter of the limits of the Property with reference to record course distances and bearings. If conveniently available to the surveyor, the new description shall also reference adjoining property owners. a) Legal Description. The description of the Property shown on the survey must conform to the legal description shown in the owner’s title insurance commitment for the Property. 4 1) Assurance Note. The new legal description shall be followed by a note stating that it describes the same property as shown of record and in the title insurance commitment. An example
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