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Basic Methods of Surveying & Describing Land in U.S.

Fundamentals of Land Descriptions & Boundaries John E. Freemyer, L.S. Carver County Surveyor February 1, 2013. Basic Methods of Surveying & Describing Land in U.S. ● Metes & Bounds – Original Colonies / States ● U.S. Rectangular System – Public Domain States

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Basic Methods of Surveying & Describing Land in U.S.

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  1. Fundamentals of Land Descriptions & BoundariesJohn E. Freemyer, L.S.Carver County SurveyorFebruary 1, 2013

  2. Basic Methods of Surveying & Describing Land in U.S. ● Metes & Bounds – Original Colonies / States ● U.S. Rectangular System – Public Domain States ● Hybrids – Texas, Hawaii & Other Areas

  3. U.S. Rectangular Survey System(Public Land Survey System) ● Originally Approved by Continental Congress in 1785 ● Systemic Method to Survey & Describe Public Domain ● Plat Dependent ● Improvements / Modifications - 1785 to 1855 ● PLSS in Minnesota 1847 to 1907

  4. Basic Concepts of Public Land Survey System ● Townships are Nominal Six Miles Square with 36 Sections ● Sections are Nominal 1 Mile Square ( 640+ Acres ) ● Original Monuments Control all Subsequent Surveys ● Plat Distances Yield to Original Monuments ● Sections Subdivided into Aliquot Parts & Government Lots

  5. Aliquot Parts & Government Lots of PLS Sections ● Quarters (NE¼; SE¼; SW¼; NW¼ ) ● Quarter-Quarters (NE¼, NE¼; SE¼, NE¼; etc.) ● Government Lots (Gov. Lot 1; Gov. Lot 2; etc.)

  6. Further Subdivision of PLSS Sections ● Town Plats ● Proportional Part Descriptions ● Line Descriptions ● Metes and Bounds ● Strip Descriptions

  7. Sufficiency ofLand Description A land description is sufficient if it identifies one and only one tract of land. “As a general rule the terms of a written instrument are to be understood in their plain, ordinary and popular sense.” Cogan v. Cook, 22 Minn. 137 (Minnesota Supreme Court, 1875)

  8. Town Platsin Minnesota ● Advantage: Easy to Describe Parcels (i.e. Lot 1, Block 1) ● Plat must be a recorded instrument ● Plat Parcels – Lots, Blocks & Outlots ● Road Corridors & Easements can be created with plat ● Platting Regulations – State Laws & County / City Ordinances

  9. Proportional Part Descriptions

  10. Line Descriptions

  11. Metes and Bounds Descriptions

  12. Strip Descriptions

  13. Boundary Surveying is described asAn Art and Science ● It is not entirely about accurate measurement ● It includes the proper application of legal rights ● It requires a historic knowledge of original surveys

  14. Writing versus Interpreting Land Descriptions ● Writing – Land Splits ● Writing – Reformation of Description ● Interpreting – Latent Ambiguities ● Interpreting – Patent Ambiguities ● Interpreting – Land Surveyor Duties ● Interpreting – Courts

  15. Written Conveyances ● Required by Law ● Deed Types (Warranty, Quit-Claim, Decrees, etc.) ● Required Elements of Deeds - Grantor – Grantee - Dated, Signed & Notarized - Delivered & Recorded ● Evidence of Title – Not Proof of Title

  16. Real Estate Titlein Minnesota ● Abstract Title ● Torrens Title

  17. Written Rights versus Unwritten Rights ● Deed Description ● Occupation - Fences – Landscaping – Buildings - Existing Survey Markers - Agreements Between Land Owners

  18. Perfecting Unwritten Rights ● Exchanging Quit Claim Deeds ● Quite Title Action

  19. Evolving Technologies • GPS • GIS • Electronic Recording

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