Corner monuments are erected at the corners to mark their exact position on the ground. As with most PLSS specifications, those for historic preservation of the area have changed over time. In the 19th century, monuments were usually a pile of stones, a wooden pole, or a combination of both. Trees could be used if the corner fell exactly where you were growing. In the 20th century, steel pipes with caps supported by rocky mounds were needed (see for example Fig. 4). Witnesses may be trees, rocks or ditches dug into the ground; Their exact position in relation to the corner and the markings made on it are also recorded in the surveyor`s official field notes. Corner control trees are more often referred to as load-bearing trees because the exact distance and bearing between the corner and them had to be recorded (as well as taxon and diameter). Unlike a real estate address, the legal description is a completely unique identifier for real estate. To be valid, it must be closed, which means that the lines describing the beginning and end must eventually meet. It must also be clearly defined.
If there are two plots with the same legal description, this is a potentially significant issue that will tarnish the owners` titles and could lead to litigation. If you are struggling, don`t be afraid to look for an experienced eye in order to get all the information you need from the description. Métes: plot demarcation line determined by measuring the distance between two points; Can also determine the direction of the property You need the legal description for all purchase contracts, deeds and mortgages. The Federal Land Survey System has established almost uniform parcels of land that can be accurately described and located in populated areas of the four western provinces. Our neighbor has about 4 different legal descriptions of deeds filed at the county clerk`s office. We believe the legal description has been changed so that they can adopt an easement that could be used for themselves as a personal driveway. Legal descriptions began to change in 2001 regarding waivers and changed again to a final warranty deed that surfaced in 2003. The exact legal descriptions date back to 1994. So many documents have been filed in the court clerk`s office over the years, now they have buried the old documents. How do we know who changed the legal descriptions and whether we should actually have access to the easement? All their ownership documents were filed through two tile companies. Why would a title company accept so many different legal descriptions for a property? To learn more about these land descriptions, check out our Real Property Principles course, which provides information on the ethics of practice, title and transfer of real property, deeds and privileges, distinguishing between personal and real property ownership, appraisal, finances and regulations, and more.
Many incidents of fraudulent or poor investigations have been reported, arguably in almost all states. The remoteness of the country under study certainly allowed the possibility of fraud. The most notorious, widespread, and costly fraud was committed by the Benson Union, which operated primarily in California in the 1880s. [8] Understanding the difference can help you delve into this part of land ownership and land purchase. We have identified a specific plot of land of 640 hectares. Sometimes property owners confuse legal descriptions with other descriptions of the property, such as its civic address or description in property tax records. Difficulties in mountainous terrain and the overlap of a flat grid system meant that only small parts of British Columbia were surveyed as part of the system. However, almost all populated areas of Manitoba, Saskatchewan and Alberta have been surveyed and remain under the original land description system, with the exception of local areas that have already been identified as being outside this system. When the urban areas were created, a new plan was superimposed on the initial survey; And when this is the case, the type of elevation of the city or municipality with blocks and land prevails. In this blog, we`ll talk about everything you need to know, including the legal description of real estate.
As one of the most important pieces of information involved in real estate transactions, legal descriptions are important to understand before buying a property. Ohio has been surveyed in several major subdivisions, collectively called the Ohio Lands, each with its own meridian and baseline. Early surveys, particularly in Ohio, were conducted more quickly than carefully, so many of the oldest townships and sections deviated considerably from their prescribed shape and area. On the way west, accuracy became more of a consideration than a quick sale, and the system was simplified by establishing a large north-south line (prime meridian) and east-west line (base) that controlled descriptions for an entire state or more. For example, a single Willamette meridian serves both Oregon and Washington. County lines often follow the survey, so there are many rectangular counties in the Midwest and West. It is important to remember that the legal description is the only one that is legally sufficient to transfer the property described. The following information to understand the land descriptions comes from Steve Schmidt and his Shiawassee County History website www.shiawasseehistory.com/index.html Monumentation is the establishment of permanent objects on the site that mark the precise location of the points and lines surveyed. These are the legally binding markers used to set property boundaries and, as such, the pinnacle of any survey. They consist of both corner monuments and nearby accessories that «testify» to them. Witness objects allow surveyors and subsequent landowners to find the original location of the corner monument if the monument is destroyed.
It was not uncommon for squatters or settlers to destroy corner monuments if they felt that the country`s patent would threaten their residence on them.