A legal description reads: 'Beginning at the iron pin at the intersection of Oak Street and Main Street, thence N 45° E 150 feet to an iron pin, thence S 30° E 200 feet to an iron pin, thence S 45° W 150 feet to an iron pin on Oak Street, thence along Oak Street N 30° W 200 feet to the point of beginning.' This is an example of which type of legal description?
Correct Answer
A) Metes and bounds
This description uses bearings, distances, and monuments (iron pins) to describe the property boundaries, which is characteristic of the metes and bounds system. The rectangular survey system uses townships and sections, while lot and block references a recorded plat.
Why This Is the Correct Answer
Option A is correct because the description contains all the hallmark elements of a metes and bounds legal description. It uses specific compass bearings (N 45° E, S 30° E, etc.), precise distances in feet (150 feet, 200 feet), and references to monuments (iron pins). The description follows the classic metes and bounds format of starting at a point of beginning and describing each boundary line in sequence until returning to the starting point, creating a closed boundary description.
Why the Other Options Are Wrong
Option B: Rectangular survey system
The rectangular survey system (also called Public Land Survey System) uses a grid system based on principal meridians and base lines, describing property in terms of townships, ranges, and sections. This description would contain references like 'Township 2 North, Range 3 East' or section numbers, which are completely absent from this description.
Option C: Lot and block
Lot and block descriptions reference a recorded subdivision plat and would read something like 'Lot 5, Block 3, Oakwood Subdivision.' This type of description relies on a previously surveyed and recorded plat map, whereas the given description provides original survey measurements and bearings.
Option D: Monument system
While the description does reference monuments (iron pins), the 'monument system' is not a recognized primary legal description method. Monuments are actually components used within metes and bounds descriptions to mark specific points, but the presence of detailed bearings and distances indicates this is a full metes and bounds description, not just a monument-based system.
METES = Measurements & Directions
Remember 'METES' as 'Measurements, Elevations, Turns, Exact Stops' - if you see compass directions (N, S, E, W with degrees), specific distances in feet, and references to physical markers, it's metes and bounds. Think 'BOUNDS' as creating boundaries with Bearings, Observed distances, Unique monuments, Natural/artificial markers, Directional courses, and Starting point.
How to use: When you see a legal description on the exam, immediately scan for compass bearings with degrees (like N 45° E) and distance measurements in feet - these are instant indicators of metes and bounds. If you see township/range/section language, it's rectangular survey. If you see lot and block numbers with a subdivision name, it's lot and block.
Exam Tip
Don't get confused by the presence of monuments (iron pins) - monuments can appear in metes and bounds descriptions as reference points. Focus on the overall structure: if the description walks you around the property boundary with bearings and distances, it's metes and bounds regardless of what monuments are mentioned.
Common Mistakes to Avoid
- -Confusing metes and bounds with monument system just because monuments are mentioned
- -Thinking any description with street names must be lot and block
- -Not recognizing that compass bearings and distances are the key identifiers of metes and bounds
Concept Deep Dive
Analysis
This question tests knowledge of the three primary legal description systems used in real estate: metes and bounds, rectangular survey system, and lot and block. The key is recognizing the distinctive characteristics of each system through specific language and formatting clues. Metes and bounds descriptions are characterized by directional bearings (like N 45° E), specific distances in feet, and reference points or monuments. This system creates a closed polygon by describing each boundary line in sequence, starting and ending at the same point.
Background Knowledge
Legal descriptions are essential for precisely identifying real property boundaries and are required for deeds, mortgages, and appraisal reports. The three main systems each evolved for different geographic regions and historical periods, with metes and bounds being the oldest system, commonly used in the original 13 colonies and areas with irregular terrain.
Real-World Application
Appraisers frequently encounter metes and bounds descriptions when appraising irregular parcels, waterfront properties, or older properties in eastern states. These descriptions require careful analysis to understand property shape and size, and appraisers often need to verify boundaries match the actual property being appraised, especially when monuments may have been moved or destroyed over time.
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