How do you start your preamble of a description?
"A parcel of land being a portion of the SW1/4....."
"A parcel of land located in a portion of ......"
"A parcel of land situated in the SW...."
"Located in the ...." (We already know its a piece of land)......
"A chunk of dirt lying in such and such subdivision....."
Here's what I do.
LAND DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 2 AND THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER (SE 1/4 NW 1/4) OF SECTION 31, TOWNSHIP XX SOUTH, RANGE XX EAST OF THE GILA AND SALT RIVER MERIDIAN, COCHISE COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A certain tract or parcel of land, situate in Littleton, Grafton County, New Hampshire, shown as Lot 4B on a plan entitled, “Proposed Subdivision Prepared for Chocorua Forestlands, Inc., Littleton, New Hampshire, Dated December 1986” recorded at Grafton County Registry of Deeds on January 6, 1987 as Plan #3981 (the “Plan”), more particularly bounded and described as follows:
"A parcel of land being a portion of the SW1/4....."
That's my standard preamble.
Have a great weekend! B-)
DESCRIPTION OF LAND DESIGNATED AS TRACT “A-1” "or however it is shown on my plat" SITUATED IN SECTION 37, T-6-S, R-1-W ------------ LAND DISTRICT, --------PARISH, LOUISIANA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
Property Description:
That portion of.....
Lot x, Block x....
Radar
I googled the K.I.S.S. method and found this...
> Here's what I do.
>
>
>
> LAND DESCRIPTION
>
> THAT PORTION OF GOVERNMENT LOT 2 AND THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER (SE 1/4 NW 1/4) OF SECTION 31, TOWNSHIP XX SOUTH, RANGE XX EAST OF THE GILA AND SALT RIVER MERIDIAN, COCHISE COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DITTO:-P
> Property Description:
>
> That portion of.....
>
> Lot x, Block x....
I'm sure it's just me, but I'd never use the term "Property Description" when I'm describing what is actually a tract or parcel of land. I'm not oblivious to the fact that some real property estate should be attached to that land, but I'd prefer to have some land title insurance company on the hook for guaranteeing the real property estate and all of its appurtenances and servitudes.
> > Property Description:
> >
> > That portion of.....
> >
> > Lot x, Block x....
>
> I'm sure it's just me, but I'd never use the term "Property Description" when I'm describing what is actually a tract or parcel of land. I'm not oblivious to the fact that some real property estate should be attached to that land, but I'd prefer to have some land title insurance company on the hook for guaranteeing the real property estate and all of its appurtenances and servitudes.
Kent, you make a valid point. A house is property and we are not describing that. (I think that's what you mean).
I really stay away from typing the word "legal" anywhere in my descriptions. Most of mine have a heading of "Description of Land" or in the case of Right-of-way for a DOT it may say "Fee Acquisition" or "Description of Land for Fee Acquisition" or the like.
Radar
Please, if you still have access to the machette and shorts item, I repeat, please, don't ever use it:-O
Kit
> A house is property and we are not describing that. (I think that's what you mean).
Well, even more broadly, the term "property" embraces the whole bundle of sticks, the estate in the land and all of its appurtenances and servitudes. Unless a surveyor is claiming to describe all of those, it seems better practice to state that he or she is describing some identifiable piece of land and to let others and their title insurers sort out what property estates are or will be attached to that land described.
Otherwise, a surveyor who, say, describes a "property" without listing all of the easements to which it may be subject has opened the door to meeting a whole bunch of attorneys if things go wrong.
Radar
I assume you are refering to the somewhat less venerable and distinguished portrait of the venerable and distinguished gentleman portrayed in Radar's new avatar, no?
C. Campbell
" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE ________ HEADRIGHT SURVEY, ABSTRACT No. ____, _______ COUNTY, TEXAS AND BEING "
A tract in the -------- quarter of Section ................
I leave the word "property" to attorneys. I'm not an attorney. I'm a surveyor. I do not locate property corners. I locate lot corners, boundary corners, and at times even deed corners. But where is the property? The client says "Is that my property corner?" And I say, "This is the lot corner. As long as your property doesn't go past the lot line, then that is probably your property corner too." I don't know if he secretly claims possession past the lot corner to a place where he does not have title. Maybe the owner of this lot also owns half of the next lot too but never provided the deed for the half-lot to the person who ordered the survey. You want me to survey where this deed is located on the land? Okay, there it is. "But my PROPERTY goes way over there!" Yes, but the lot corner goes right here; this is the lot corner. If your property goes up to this lot corner, then this is probably your property corner too. If your property goes way over there, then 1.) This is still the lot corner, and 2.) Why didn't you tell me in the first place that you had another deed to the land over there? (And 3. I should have known it in the first place if I had researched the adjoining deeds but I'm rambling so I didn't think of that until after I typed and didn't bother to backspace all this and revise what I typed.)
LOT X
ALL of that certain parcel of land being a portion of Land Patent Grant Number ____ to _______ _______, being also a portion of Lot 2 of the ________ HOMESTEADS, FIRST SERIES. Situate at _______, ______, Kauai, Hawaii, and more particularly described as follows:
A portion of parcel X, Green County, Florida.
Being more particularly described as follows:
yabba dabba do
I just tell them it is their property corner.
The Attorneys certainly don't have a clue.
I haven't seen any judges out there Surveying either. They expect me to do it.
"All that piece or parcel of land situate in the Village of Newton,
County of Smith, State of New York.
Being known and designated as Lot 9 in Block 502.03 on a map entitled “Final Plat, Blankville, Section X, Lot X.17, Block 502, Town of Newton, Smith County, New York”, duly filed in the Smith County Clerk’s Office on July 26, 1996 as Map No. 1145, more particularly bounded and described as follows:
BEGINNING at a concrete monument..."
Don't forget the general idea is to narrow down to a point where you are describing a unique piece of property that can only exist in one place.
> Here's what I do.
>
> LAND DESCRIPTION
>
> THAT PORTION OF GOVERNMENT LOT 2 AND THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER (SE 1/4 NW 1/4) OF SECTION 31, TOWNSHIP XX SOUTH, RANGE XX EAST OF THE GILA AND SALT RIVER MERIDIAN, COCHISE COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Precisely what I use in almost every description header.