Posted by John T Country Lawyer on October 15, 2010 at 06:31:32 from (66.244.97.31):
In Reply to: O/T Land Measurements posted by fergienewbee on October 15, 2010 at 00:46:01:
Larry, a Metes and Bounds legal description often COMMENCES at a known given fixed reference (OTHER THEN the centerline of a road, but perhaps where such is also a Section Corner) typically say a Section Corner or Half Section Corner (Primarily, however, Section Corners). The Section Corners (in your County) are often re set and/or re memorialized and recorded and well marked and identified and set/reset by local County Surveyors. A "typical" Section Corner where a Legal Description COMMENCES may read something like "The NW corner of Section XX, Township XN, Range XW, _________ Township of ___________ County, in the State of ____________, XX Princiapl Meridian NOT EXACT OR CORRECT, JUST TO GIVE YOU AN IDEA
NEXT The legal Description will often have a "True Point of Beginning" (Where your property line actually begins as described). Typical such as: A Part of the NW 1/4 of the NW 1/4 of Section 23, Township 7 North, Range 1 West in Indian Creek Township of Monroe County, Indiana, Second Principal Meridian, COMMENCING at the NW corner of Section 23, thence XXX Feet South to an iron pin set in the the Centerline of Rockport Road THE TRUE POINT OF BEGINNING. Thence xx feet south, thence xx feet east, thence xx feet North, thence xx feet west to the TRUE POINT OF BEGINNING and containing xx acres, more or less.
SOOOOOOOOO A Legal Description typically has a POINT WHERE IT COMMENCES (like a Section Corner) and a point WHERE IT ACTUALLY BEGINS which is the beginning boundary description of your particular property. Often a point is described such as the CENTERLINE of a certain road which is often one of your property boundaries i.e. to the center of the road.
Often there may be (buried or maybe partly exposed) an iron pin or railroad spike or pinch rod pipe buried in the road center and likewise at surveyed corners. There may be items such as PK Nails or Shiners located in referenced monuments.
CAUTION Often a survey will show the acreage you have is more or less then the legal description claims......Fence line laws and Adverse Posession and survey accuracies are all factors. Its a good practice to locate and preserve and memorialize old fence corners or fence lines or monuments and ESPECIALLY ANY FOUND SECTION CORNERS and check the County Surveyors office for recordation of surveys and section corners etc that affect or adjoin your property.
Often if it says a road IT WILL SAY THE CENTERLINE OF THE ROAD......... if youre just taking rough estimate measurements, the roads center is a good place....
DISCLAIMER its not possible to accurately and exactly describe in a paragraph what can take books to explain so the above IS JUST AN EXAMPLE. If any questions consult a local licensed LAND SURVEYOR who are EXPERTS and usually more familiar with these laws then attorneys UNLESS perhaps the attorneys are real estate specialist.....
Best wishes, hope this helps
John T The (mostly retired) Country Lawyer in Indiana
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