Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Legal Descriptions Scott Reeser, P.L.S. NYSAPLS 2018 Conference INTRODUCTION: • Over 25 years experience in the surveying profession • Graduate of Penn State survey program • Licensed in Pennsylvania, New York, West Virginia and Colorado • Have worked for small firms and larger sized firms WARNING: This presentation is not intended to be a lecture. My intent is to present the attendees with information I have gathered thru various sources and stimulate discussion on these topics. Participation from the attendees is essential to the success of the session. Everyone in attendance is asked to provide input and ask questions. By gathering input from those present, we may all learn something by the end of the day. 1 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Objectives of this Webinar: – Define the purpose of legal descriptions – List commonly used types of legal descriptions – Review the parts of legal descriptions Objectives of this Webinar: – Identify common terminology used in legal descriptions – Identify common mistakes made in the preparation of legal descriptions – Practice writing legal descriptions WHAT IS THE PURPOSE OF A LEGAL DESCRIPTION? Per Black’s Law Dictionary: “Legal Description. A formal description of real property, including a description of any part subject to an easement or reservation, complete enough that a particular piece of land can be located and identified. The description can be made by reference to a government survey, metes and bounds, or lot numbers of a recorded plat. ‐ Also termed land description.” 2 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Types of Legal Descriptions: – Metes and Bounds – Reference to other Documents – Strip or baseline – Bounded by – Public Lands / Section Reference Types of Legal Descriptions: Metes & Bounds: • Provides a description of the area’s perimeter using geometry • Metes refers to bearings or angles and distances. Bounds refers to the physical monumentation noted • Relies upon a well defined starting point • Closed figure Types of Legal Descriptions: 3 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Types of Legal Descriptions: Reference to other Documents: • Very basic form of description • Refers to the instrument that created the area being described Types of Legal Descriptions: Types of Legal Descriptions: Strip or Baseline: • Similar in nature to a metes and bounds • Linear description • Commonly includes a width of the conveyance • Frequently used to describe utility right of ways or road alignments 4 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Types of Legal Descriptions: Bounded by: • Relies on the locations of the adjoiners or specific geographic features • Difficult to retrace without expanding to adjoining properties Types of Legal Descriptions: Types of Legal Descriptions: Public Lands / Section Reference: • Similar to referencing the source document Linear description • Refers to the area based on the public lands system • Can only be employed in those states created under the Public Lands Survey System 5 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Types of Legal Descriptions: Parts of Legal Descriptions: – Caption – Body – Qualifying Clauses Parts of Legal Descriptions: Caption: • Identifies location • Typical Information: • Municipal reference • Subdivision name • Previous surveys • ‘Title Block’ of the legal description 6 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Parts of Legal Descriptions: Caption: Parts of Legal Descriptions: Body: • Should clearly delineate the area being described • Typical Information: • Defined point of beginning • Meets & bounds or the parcel • Adjoiner references • Area of the parcel Parts of Legal Descriptions: Body: 7 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Parts of Legal Descriptions: Qualifying Clauses: • Source of Title • Exceptions: • Previous outsales • Mineral rights • Easements to others • Reservations Parts of Legal Descriptions: Qualifying Clauses: Common Terminology: There are numerous words and phrases that we see pop up in legal descriptions that can have a real effect on the meaning of the description. We will touch on a few of them and try to gain a better understanding of how they should really be used. 8 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Common Terminology: Adjoining / Contiguous / Coincident / Adjacent: • Common boundary = Adjoining, Contiguous & Coincident • In the same vicinity of = Adjacent • Avoid the use of contiguous as its definition is ambiguous • Do not use “immediately adjacent” as it has the same meaning as adjoining and contiguous, use one of these instead Common Terminology: Conveyed / Described: • The two have definite different meanings and should never be transposed • Conveyed means the transference of some title or right • Described means just that, something has been portrayed Common Terminology: Along: • Refers to something that is in the same line as what you are describing • When a road or other feature having a discernible width is mentioned to be “along” a described line, the assumption is made that the line is in the center or thread of the feature, UNLESS otherwise qualified 9 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Common Terminology: Due North: • The word should “Due” should not be used, this creates ambiguity • When found in descriptions, interpreting this as magnetic north is generally accepted, but certainly a risk Common Terminology: Excepting / Reserving: • Both infer the holding back of something from the description • Excepting is generally intended to refer to title of something • Reserving generally implies some sort of right • Subject to is typically a previously reserved or excepted area Common Terminology: More or less: • Implies uncertainty in a measurement and therefore should be avoided 10 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Common Terminology: To a point: • In most cases, this phrase is used without need, lines and curves always end at a point • If the ending point of a course is anything more than a point at the end of the line (ie. not monumented), the words “to a point” should be dropped and the item at the end of the course should be identified Description Do’s and Do Not’s: We could spend a great deal of time on suggestions to make legal descriptions better. Based on some of Wattles’ and other’s writings, we will look as few of the more common items or those that may have a bigger impact on preparing legal descriptions. Description Do’s and Do Not’s: Direct from Wattles: • Do be concise • Do not use unnecessary words or phrases • Do capitalize cardinal directions • Do not spell out numbers • Do avoid abbreviations • Do not drop leading zeros • Do spell out measurement abbreviations 11 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Description Do’s and Do Not’s: Basis of Bearings: • Include in the qualifying clauses • Understand the difference between Magnetic North, Observed North and Grid North • When noting Magnetic North or Observed North, include the date and time of the observation Description Do’s and Do Not’s: Units of Measure: • Include in the qualifying clauses • Most common unit of length is the US Survey Foot • Most common unit of area is the acre • Many other units of measure are out there, older documents utilize more historical units that some people may be unaware of today. • And of course there is the metric system … Description Do’s and Do Not’s: Historical Units of Measure: • Length • Perch, Rod & Pole • Chain • Link • Area • Acre • Hectare 12 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Description Do’s and Do Not’s: Modern Units of Measure: • Length • US Survey Foot versus meter • Mile versus kilometer • Area • Acre Smoot Description Do’s and Do Not’s: Describing Curves: • Describing curves should be done with care to avoid introduction of error due to assumptions • Each curve described should include the following information: • Direction of the curve • Status of tangency • 5 Essential parts of the curve 13 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Description Do’s and Do Not’s: Course descriptions: • Each course should have a starting point, direction, length and ending point Adjoiners: • Adjoiners should be noted at the end of the segment, after the controlling information is noted Sample Metes & Bounds: Practical Applications: 14 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Discussions Discussion Topics: Which type of description is the best? • Metes & bounds provides geometric definition • Bounded by is very simple • Reference points back to the ‘parent document’ Discussion Topics: Numbers versus words? • Which prevails in the event of a conflict? • Which do you prefer, words only, numbers only or both words and numbers? 15 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Discussion Topics: Who should prepare legal descriptions? • Some states require this to be done by a licensed surveyor • Should this be restricted to surveyors? • What about attorneys or their paralegals? Discussion Topics: When asked by a client or someone else to prepare a legal description, what do you provide? • Paper copy only, digital file, pdf …? • Do you sign and seal your legal descriptions? References & Credits: I cannot take full credit for the technical information in this presentation, it is a collection or research I have collected from a host of sources that include: • Black’s Law –Bryan Garner • Writing Legal