Understanding Land Titles, Legal Descriptions, and Boundaries
Recording of Land Titles
The process of filing proof of ownership of real property in the appropriate county office or court. This allows purchasers, creditors, and other interested parties to determine the status of property interests.
Estates in Land
Fee Ownership
The highest type of ownership, also known as “fee simple.” The owner has complete ownership, with no limitations other than legal constraints.
Leasehold
A contract allowing a tenant to occupy land or property for a specific period.
Easement
A right granted to use another’s land for specific purposes like access, drainage, or utilities.
Life Estate
Ownership limited to an individual’s lifetime, reverting to the grantor or another party afterward.
Joint Ownership
Can be joint tenancy or tenancy in common, determining property sharing and inheritance.
Boundary Surveys
Surveys that establish or re-establish property lines. They can create new lines (subdivisions) or re-establish old ones (re-surveys).
Supporting Information
Legal descriptions often reference other lands, documents, or maps. Access to these is necessary for interpretation.
Parts of a Land Description
Caption
Provides the general location (city, county, state) and references relevant documents.
Body
Contains specific land identification: points of commencement, courses, distances, etc.
Clauses
Add (augmenting) or subtract (qualifying) from the described property.
Use of a Plat
A map or sketch clarifying the described land, often included with legal descriptions.
Creating New & Revising Existing Lots
Subdivision Map Act (SMA)
Effective in California since 1893, granting local governments authority to regulate subdivisions for orderly development and public safety. New lots require recording via a Tract Map (5+ lots) or Parcel Map (4 or fewer lots).
Lot Line Adjustments
Revises existing property lines between parcels, without creating new ones. Requires recording new legal descriptions and deeds.
Lot Merger
Combines multiple parcels into one, requiring new legal descriptions and deeds.
Objectives in Describing Land
A clear land description ensures precise location and should:
Express the parties’ intention clearly.
Maintain title identity, avoiding overlaps.
Avoid ambiguity with precise language.
Be mathematically correct.
Be based on a recent survey.
Intention
The description should reflect both parties’ intentions and remain clear for future transactions.
Title Identity
Adjoiner
Neighboring lands touching the subject property, often referenced for boundary identification.
Senior Rights
In sequential conveyances, earlier rights prevail in case of overlaps.
Senior Rights Example
If A sells Lot 1’s west half to B, then the east half to C, B has senior rights. If Lot 1 is smaller than thought, B gets the full west half, C the remainder.
Ambiguity
Avoid ambiguous words; while not automatically voiding conveyance, they can lead to disputes.
Mathematical Correctness
While not mandatory, it’s desirable for the described land to form a closed geometric area. Surveys should locate monuments for accuracy.
Words and Phrases in Legal Descriptions
Adjacent vs. Adjoining vs. Contiguous
Adjacent: Near, not necessarily touching.
Adjoining: Direct contact.
Contiguous: Proximity, but meaning varies; avoid in legal descriptions.
Conveyed vs. Described
Described land may not precisely match conveyed land due to easements or other rights.
Between, By, From, On, To
Define specific boundaries based on fixed points, excluding areas beyond.
Types of Land Descriptions
Description by Reference
Refers to a recorded deed or map.
Description by Bounds
References adjacent parcels.
Description by Metes
Uses bearings and distances from a fixed point.
Metes and Bounds
Combines metes (measurements) and bounds (adjoining properties).
Specific Width Descriptions
Specifies a fixed width along a boundary (e.g., “North 50 feet of Lot A”).
Description by Fractional Part
Divides property into parts (e.g., “North half of Lot X”).
Strip Descriptions
Describes narrow strips of land, often for roads or utilities, using a centerline or sideline.
Public Lands Descriptions
Uses the Public Land Survey System (PLSS): section, township, range.
Examples of Legal Descriptions
Description by Metes Example: “Commencing at the southwest corner; thence N 89°10’20″ E 100.00 feet along the southerly line…” (typical metes and bounds).
Public Lands Description Example: “NW 1/4 of SE 1/4 of SE 1/4 of Section 8, T1N, R3W, SBB&M.”
Key Phrases
More or Less
Often used but should be minimized; distances and points should be definite.
Parallel
Use “parallel with,” not “parallel to.”
Portion
Refers to part of a whole area.
1. Description by Reference
Describes land based on a previously recorded document. Includes:
General Location: City, county, state
Lot/Parcel Name
Subdivision Map Name
Map Book & Page(s)
Recording Location
Example:
“Parcel 2 of Parcel Map 21830, Glendora, Los Angeles County, CA, recorded in Book 244, Pages 54-55.”
2. Description by Bounds
Defines property by referencing adjacent properties or features. Useful for irregular shapes or older subdivisions.
Example
“Portion of Lot 9, Block 2 of Roe’s 3rd Addition, Corona, Riverside County, CA, bounded by: N-Jones’ land (Book 41, Page 10); W-westerly line of Lot 9/easterly right-of-way of 5th Ave; S-White’s land (Book 99, Page 80); E-Black’s land (Book 10, Page 52).”
3. Public Lands Descriptions
Uses PLSS (section, township, range), common for federal/state lands.
Example
“SE 1/4 of NE 1/4 of NW 1/4 of Section 21, T7N, R2W, SBM.”
4. Specific Width Descriptions
Defines property by a fixed width along a boundary.
Example
“North 50.00 feet of Lot A.”
5. Description by Fractional Part
Divides a lot into fractional parts.
Examples
Simple: “North half of Lot W.”
Complex: “Easterly half of Lot 10, westerly line of said half on a mean bearing of westerly and easterly lines.”
Additional Notes
Plotting Public Lands Descriptions
Visually representing PLSS boundaries.
Directionality
Use terms like “northwesterly,” “southerly.”
1. Metes and Bounds Descriptions
Definition
Outlines land using courses (bearing/distance) and adjoining properties.
Parts
Caption: Location and references.
Body: Metes and bounds calls.
Clauses: Add/exclude aspects.
P.O.C.: Starting point (off-boundary).
P.O.B.: Starting point (on-boundary).
T.P.O.B.: First boundary point (if starting off-boundary).
2. Calls
Free Call
Direction and length (e.g., “thence N 52°27’32″ E 156.24 feet”).
Call to Adjoiners
Course controlled by a boundary (e.g., “thence N 52°27’32″ E to westerly line”).
Call to Objects
Course ends at an object (overrides distance/bearing).
3. Angle Designations
Bearings
Direction relative to cardinal directions.
Interior Angle
Angle between adjacent sides (within boundary).
Exterior Angle
Angle between adjacent sides (outside boundary).
Deflection Angle
Deviation from previous line.
4. Curve Descriptions
Elements:
Radius (R)
Central Angle (Delta D)
Arc Length (L)
Direction of Curvature
Direction of Travel
Tangency
Curve Types
Tangent Curve
Smooth transition (e.g., “thence NE to a tangent curve…”).
Non-Tangent Curve
Abrupt change, needs radial bearing (e.g., “thence NE to a non-tangent curve, radial bearing NW…”).
5. Special Curves
Compound Curve
Two curves, shared tangent, different radii.
Reverse Curve
Two curves, shared tangent, opposite directions.
Cusp
Meeting point of two curves, shared tangent.
6. Rules for Curved Descriptions
Include all six elements.
Use general directions (e.g., “easterly”).
State radial bearing for non-tangent curves.
7. Composition Standards
Punctuation
Commas, semicolons, colons, periods.
Bearings and Distance
No punctuation in bearings; spell out units.
Thence
Use to indicate continuity.
Capitalization
Capitalize directions only in bearings.
8. Special Considerations
Ties
Locate a point relative to another.
Distance Precision
Consistent decimals.
1. Strip Descriptions
Strip of land with fixed/variable width.
Types
Centerline
Width applied symmetrically (e.g., “20-foot strip, centerline described as…”).
Sideline
Width along one side (e.g., “20-foot strip north of…”).
Off-Centerline
Reference line parallel to centerline (e.g., “20-foot strip, 5 feet north and 15 feet south of…”).
Key Rules
Sidelines are parallel.
Width is perpendicular to sidelines.
Undescribed sidelines extend/shorten to boundaries.
Do not “close” like metes and bounds.
Curved strips: sidelines concentric to centerline.
2. Division Line Descriptions
Describes land on one side of a line.
Structure
Dividing line described using metes and bounds (e.g., “Portion of Lot 2 north of line: Beginning at SW corner, thence NE to NE corner.”).
3. Coordinate Descriptions
Uses State Plane Coordinates (SPCS).
SPCS
Based on NAD-27 (feet) or NAD-83 (meters).
Use
Useful for locating corners, but don’t override other boundary calls.
Advantages
Accurate, consistent, avoids errors.
Disadvantages
May not be trusted over physical monuments; use as supplementary information.
Rules
Cite datum (NAD-27/83).
Specify zone and adjustment year.
Include plat showing control scheme.
Describe control monuments.
Include ties to adjoiners.
1. Water Boundaries
Challenging due to erosion and accretion. Location is often a legal question, including navigability.
2. Navigable Waters
Definition
Passage for commerce/travel during statehood; subject to tides and/or used for commerce.
State-owned if navigable, privately owned if not.
3. Ownership of Natural Water Bodies
States own navigable waterways.
Expanding definitions can cause disputes.
4. Common Law Boundaries
Ordinary High Water Mark (OHWM) (mean high tide/water line) is the boundary. Defining it can be ambiguous due to variations and changes.
5. Vertical & Tidal Datums
Vertical Datums
Base elevations (geodetic: NGVD 29, NAVD 88; tidal: MHW, MLLW).
6. Writing Water Boundary Descriptions
Requires care; may not precisely define location.
Example (No Distance)
“Thence west to Pacific Ocean; thence northerly along ocean to northerly line…” (accurate but lacks measurement).
Example (Distance)
“Thence west 250.00 feet to Pacific Ocean; thence northerly along ocean to a line bearing west…” (ocean is controlling).
Meander Lines: Used for traversing shorelines, calculating approximate area.
7. Non-Navigable Waterways
Ownership extends to centerline (e.g., “…to centerline of Wolfe Creek, thence along centerline…”).
8. Controlling Elements
Order of Importance
Survey/Map (if retraceable)
Natural Monuments (lakes, rivers, trees)
Artificial Monuments (pipes, rebar)
Record Monuments (adjoiners, streets)
Direction/Distance
Area (secondary)
Coordinates (informative)