Lot & Block Descriptions

Overview#

The lot and block description is the simplest and most concise form of legal description. It identifies a parcel by its designation on a recorded subdivision map or plat -- a lot number, a block designation, a tract or subdivision name, and a reference to the recording information for the map. In a single sentence, it conveys full title to a parcel whose boundaries, dimensions, and monuments are all detailed on the referenced map.

"The simplest type is the use of a lot number in a recorded subdivision as shown on a map." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.3

This simplicity is the system's greatest strength. A lot-and-block description eliminates the need for lengthy metes-and-bounds recitals, reduces the opportunity for error in the description itself, and incorporates by reference all of the survey information shown on the filed map. For urban and suburban land -- where virtually every parcel is part of a recorded subdivision -- the lot-and-block description is the standard form.

The Format#

A standard lot-and-block description follows a specific order of elements:

"Lot No. 9 of Block D in the Higginsville Tract in the city of Downsdale, county of Summertown, state of South Dakota, as per map recorded in Book 17, Page 32, of Maps in the office of the County Recorder of said County." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.3

Every element serves a purpose. The lot and block numbers uniquely identify the parcel within the subdivision. The tract name distinguishes this subdivision from others. The city, county, and state locate the subdivision geographically. The map recording reference -- the book and page where the map is filed -- provides the legal link to the underlying survey data. The reference to the public office identifies the repository where the map can be found and examined.

The Plat as Part of the Description#

When a description references a recorded map, that map becomes part of the description as a matter of law. All dimensions, bearings, curves, monuments, easements, dedications, and other information shown on the map are incorporated by reference into every description that cites the map.

"It is common practice to refer to maps, plats and/or field notes in descriptions and it has been held that such reference includes facts shown on that reference and legally incorporates them into the description." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.11

This incorporation principle has profound practical consequences. A description of "Lot 1 in Block 2 of Tract No. 3" carries with it every detail of Lot 1 as shown on the tract map -- the lot dimensions, the bearings of its boundary lines, the curve data for any curved boundaries, the width and location of adjacent streets, the location of easements, and the positions of any monuments set by the subdivision surveyor.

It also means that the description need not repeat information shown on the map. Wattles illustrates this with a boundary description that references adjacent lots:

"Note that it is unnecessary to state, 'On the south by the south line of the Lot,' or 'On the south by the north line of Concord St.' These are facts shown on the map described in the caption and which therefore includes all facts shown thereon." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.6

When the Plat Controls#

The question of whether the map or the text of a deed controls in the event of conflict has been addressed by many courts. The answers vary by jurisdiction and circumstances, but general principles can be stated.

Map controls over text when:

• The deed references the map and the map is recorded
• The dimensions or layout shown on the map are more definitive than the text description
• The parties clearly intended to convey the lot as shown on the map
• A metes-and-bounds description around a block of lots disagrees with the boundary shown on the map

In Goldsmith v. Fillman, the court held that a metes-and-bounds description around a block of lots which disagreed with the block boundary shown on a referenced map would give way to the measurements on the plan. The rationale is that the map was the primary evidence of the parties' intent, and the metes-and-bounds description was merely a secondary recital.

"Maps, plats and/or field notes... are deemed to possess the same status, as such, as monuments." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.11

Text controls over map when:

• The deed is more specific on a particular point than the map
• The metes-and-bounds description correctly describes an area that is incorrectly referenced by lot or section numbers
• There is clear evidence that the map contains an error while the deed text is correct

In Chadwick v. Carson, the court held that where a metes-and-bounds description correctly described an area which was incorrectly referenced by government numbers, the metes-and-bounds description controlled.

"Because of these dual decisions, you must be extensive in your analysis of similar situations, research other cases comparable to your instant problem and use very considered judgment before reaching your conclusion." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.12

The takeaway for the practicing surveyor is that conflicts between maps and deed text must be resolved on a case-by-case basis, applying the rules of construction and weighing the totality of the evidence.

Describing Portions of Lots#

When only a portion of a platted lot is to be conveyed, the lot-and-block description serves as the caption, and a metes-and-bounds body follows. The singular and plural forms must be grammatically correct:

"'That portion of Lot 1 in Block 2.... described as follows:' If there are portions of several lots in the same tract, you use the plural forms, such as: 'Those portions of Lots 6, 7, 8 and 9 in Block 3.... described as follows:'" -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.4

When portions of lots from different subdivisions are combined into a single parcel, each lot and its recording reference must be cited separately, with the combined area "described as a whole as follows":

"That portion of Lot 3 of the Smith Tract... as per map recorded in book 56, page 32 of Maps... and that portion of Lot 20 of the Oldham Tract... as per map recorded in book 72, page 21 of Maps... described as a whole as follows:" -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.4

Short-Form Descriptions

A portion of a lot can sometimes be described without a full metes-and-bounds traverse by using dimensional references:

The north 40 feet of Lot 4 in [Subdivision Name], as per map
recorded in Book [X], Page [Y], of Maps...

Or for nested portions:

The east 50 feet of the south 80 feet of Lot 2 in [Subdivision Name],
as per map recorded in Book [X], Page [Y], of Maps...

"This is a very safe way because you describe only one line and each part lies on its side of that one line; you can have no conflict by this method." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.7

This "dividing line" form is particularly safe because it eliminates the possibility of gaps or overlaps -- the dividing line is the only variable, and each parcel is defined by one side of it.

Exceptions and Reservations#

When a lot is conveyed subject to an exception (a portion carved out) or a reservation (a right retained), the language must be precise and correctly placed.

Exceptions follow the caption -- never appear within it:

"Be sure that you do not put the exception, or exceptions, in the caption because it creates confusion." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.7

Multiple exceptions require the word "ALSO" before each subsequent exception:

Parcel 5 as per map recorded in...
EXCEPT the East 30 feet.
ALSO EXCEPT the South 15 feet.

"With any multiple number of exceptions, all but the first one should be preceded by the word 'ALSO.'" -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.7

Reservations are distinct from exceptions. An exception removes a physical area from the conveyance. A reservation retains a right (such as an easement) over the conveyed area while passing the fee title.

"The act or fact of a grantor's reserving some new thing out of the thing granted... the fee title passes and the reservation retains some right or rights to be exercised over this particular part." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.9

When a previously created reservation is being carried forward in a subsequent conveyance, it appears as "subject to" the existing reservation, not as a new reservation. The distinction matters because "subject to" acknowledges an already-existing encumbrance, while "reserved from" creates a new one.

Condominium Descriptions#

Condominiums present a special case of the lot-and-block concept extended into three dimensions. A condominium unit is described not by metes-and-bounds of a ground-level parcel but by reference to a recorded condominium plan that defines the unit boundaries in three-dimensional space.

The description typically references:

• The unit number
• The project or building name
• The recorded condominium plan (book and page)
• The percentage of undivided interest in the common elements

"Condominiums are created by and controlled by plans and surveys which result in the descriptions used on documents of conveyance." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.19

The condominium plan serves the same function as the subdivision map -- it is incorporated by reference and defines the three-dimensional boundaries of each unit. The description in the deed is short, but the plan it references contains all the dimensional detail.

Tract and Parcel Descriptions#

Beyond the traditional lot-and-block format, some jurisdictions use "tract" or "parcel" designations:

• Tract maps are subdivision maps where individual lots may or may not be grouped into blocks. The description references the tract number rather than (or in addition to) a subdivision name.
• Parcel maps are used for smaller land divisions that do not require a full subdivision map. The description format is similar: "Parcel 1 as shown on Parcel Map No. [X], filed in Book [X], Page [Y] of Parcel Maps."

In both cases, the filed map is incorporated by reference, and the description derives its force from the detail shown on the map.

Fractional Lots

A common error is referring to a partially conveyed lot as a "fractional lot." Wattles corrects this:

"No matter how many parts are taken out of a lot shown on a map used for reference in the conveyancing of those parts, the lot itself is still a 'whole' lot as shown on that map and it should not be referred to as a 'fractional' lot." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.7

The term "fractional" is properly reserved for lots in government survey sections that are less than the standard size due to irregular section boundaries.

The Legal Effect of Filing a Subdivision Map#

The recording of a subdivision map has significant legal consequences:

1. Dedication. Streets, alleys, parks, and other areas shown on the map as public are typically dedicated to public use upon recording. The exact legal effect depends on state law and the language of the dedication statement on the map.

2. Fixing boundaries. The boundaries of lots as shown on the recorded map become the legal boundaries. Subsequent conveyances reference these boundaries, and the monuments set by the subdivision surveyor are the controlling evidence of their location.

3. Creating easements. Easements shown on the map -- drainage easements, utility easements, pedestrian access easements -- are created upon recording and burden the affected lots without the need for separate instruments.

4. Establishing a basis of bearings. The bearings shown on the subdivision map establish the angular reference for all subsequent descriptions within the subdivision.

5. Incorporating survey data. All dimensions, curve data, and mathematical relationships shown on the map are available to any surveyor performing work within the subdivision. The map becomes the primary record of the survey.

The filed map, in effect, creates a self-contained reference system for the subdivision. Every lot within it can be described in a single sentence, and that sentence carries with it the entire body of survey information shown on the map.

Common Issues and Pitfalls#

Stale Recording References

Recording systems change over time. A map originally filed in "Book 17, Page 32 of Maps" may be re-indexed, microfilmed, or digitized under different reference numbers. The description must use the recording reference that was current at the time of filing, but the surveyor researching the description must be prepared to trace the map through any subsequent re-indexing.

Maps Recorded in Different Counties

When county boundaries change, a map may be recorded in a county different from the one where the property currently lies:

"The reason for the two different counties being cited in the description is that, as in many areas, one county has been cut out of another one so that the location of the property is now in the newer county, but the map was recorded in the original county." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.21

The description must reference the map using its actual recording information (the original county), while locating the property in its current county.

Incorrect Lot or Block Numbers

Transposition of lot or block numbers is a common clerical error. When the lot number in a deed does not match any lot on the referenced map, or when it matches a lot in a location inconsistent with the other evidence (adjoiner calls, POB ties, possession), the error must be identified and resolved. The rules of construction apply -- the intent of the parties controls, and the most certain evidence prevails.

Relying on Assessor's Parcel Maps

Assessor's parcel maps are compiled for tax purposes and are not survey-quality documents. They should not be used as a substitute for the recorded subdivision map. Dimensions on assessor's maps may be approximate, boundaries may be generalized, and lot configurations may not match the recorded map exactly. The surveyor must always refer to the original recorded map, not the assessor's version.

Undisclosed Encumbrances

A lot-and-block description conveys what appears on the recorded map, but the lot may carry encumbrances that are not shown on the map -- unrecorded easements, prescriptive rights, boundary agreements, or title defects discovered only through a complete chain-of-title search. The description does not disclose these encumbrances, and the surveyor should not assume that the lot boundaries as shown on the map represent the full extent of the owner's rights or obligations.

Key Takeaways#

• Lot and block descriptions are the simplest form -- they identify a parcel by its designation on a recorded subdivision map. A single sentence can convey full title.
• The standard format follows a specific order: lot, block, tract/subdivision, city, county, state, map recording reference, public office.
• The recorded map is incorporated by reference into the description. All dimensions, bearings, monuments, dedications, and easements shown on the map become part of the description.
• When map and text conflict, resolution depends on which is more definitive and which better reflects the parties' intent. Neither always controls -- analysis is case-specific.
• Portions of lots are described using the lot-and-block as a caption, followed by metes-and-bounds or a short-form dimensional reference.
• Exceptions must follow the caption, not appear within it. Multiple exceptions require "ALSO" before each subsequent one. Exceptions and reservations have distinct legal meanings.
• Condominium descriptions extend the lot-and-block concept into three dimensions by referencing a recorded condominium plan.
• The filing of a subdivision map creates dedications, fixes boundaries, establishes easements, and provides a self-contained reference system for all lots within the subdivision.
• A lot that has been partially conveyed is still a "whole" lot on the map -- do not call it a "fractional lot."

References#

1. Wattles, G.H. Writing Legal Descriptions (1st Ed.). Rancho Cordova, CA: Landmark Enterprises, 1976. Chapters 3, 5, 7, and 11.
2. Robillard, W.G. & Wilson, D.A. Brown's Boundary Control and Legal Principles (7th Ed.). Hoboken: Wiley, 2014. Chapters 8--10.
3. Robillard, W.G. & Wilson, D.A. Evidence and Procedures for Boundary Location (6th Ed.). New York: Wiley, 2011. Chapters 7--8.
4. Black, H.C. Black's Law Dictionary (11th Ed.). Thomson Reuters, 2019.