Free reference·Legal Principles

Legal Descriptions for Real Property

Preparing + interpreting legal descriptions. Controlling elements, unwritten rights, encumbrances, easements — and how each impacts the description.

The hook

A legal description must uniquely identify a parcel of land. Three dominant forms in the U.S.: metes and bounds, recorded plat reference (lot 5, block 2 of XYZ subdivision), and aliquot (PLSS — NW¼ of NW¼ of Sec 14, T2N R3W). Surveyors PREPARE descriptions and INTERPRET old ones — both demand the same precision.

Description typeUseStrengths / weaknesses
Metes and boundsIrregular parcels, eastern U.S., custom tractsFlexible. Errors compound; closure required.
Recorded plat referenceSubdivisionsConcise. Depends on the recorded plat being correct + accessible.
Aliquot (PLSS)Western U.S. agricultural and ruralCompact (640 ac in 4 words). Doesn't handle irregularity well.
Coordinate / GISEasements over GIS-mapped utilitiesPrecise. Requires datum + projection statement; not yet universally accepted.
  1. 1
    Identify the controlling description type
    Metes-and-bounds, plat reference, aliquot, or hybrid. Read carefully — some descriptions mix.
  2. 2
    Locate the POB / starting reference
    Tie the description start to a recoverable physical reference. For a plat reference, find the recorded plat.
  3. 3
    Walk every call
    Bearing, distance, monument, adjoiner. Note any inconsistencies for reconciliation.
  4. 4
    Verify closure (for metes-and-bounds)
    Sum lat/dep; the description must close back to the POB within reasonable error.
  5. 5
    Reconcile with field evidence
    Hierarchy of calls (PS 1.A) controls when description and field disagree.
Don't fall for these

What trips people up

Drafting a description from coordinates without monumentation
Coordinate-only descriptions are vulnerable to datum drift and software errors. Anchor the description to recoverable monuments and adjoiners.
Ambiguous "more or less" acreage
"5 acres more or less" is the lowest call in the hierarchy. Rely on bearings and monuments, not acreage.
Using non-recovery-friendly references
"To the large oak tree" worked in 1880 and fails today. Modern descriptions tie to permanent monuments or coordinate reference points.
Test yourself

How well did it stick?

A quick 5-question check on Legal Descriptions for Real Property. See where you stand and what to review.

Related: Legal Principles
Principles of Evidence
Searching for + evaluating data and physical evidence. Parol evidence, prescriptive rights, adverse possession, acquiescence, controlling elements, easement rights.
Common Law Boundary Principles
Historical and current common law. Riparian + littoral rights. Sovereign rights including navigable waters and eminent domain. Sovereign land grants.
Sequential and Simultaneous Conveyances
Types of conveyances, junior/senior rights, the interaction of record and physical evidence.
Perpetuation of the U.S. PLSS
Evidence used to perpetuate PLSS corners. The "find them, follow them" framework.
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