Metes & Bounds

Overview#

Metes and bounds is the oldest system of describing land in the English-speaking world. It predates both the rectangular survey system and recorded subdivision maps by centuries. In colonial America and in the original thirteen states, it was the only method available. Today, it remains the most versatile and widely used form of legal description -- any parcel of any shape can be described by metes and bounds, regardless of whether it lies within a platted subdivision or the public land survey system.

The term itself reveals the two fundamental components. "Metes" derives from the Latin meta (a turning point or boundary marker) and refers to measurements -- bearings and distances. "Bounds" refers to the objects or features that mark or define the limits of the parcel -- monuments, adjoiners, natural features, and other identifiable boundaries.

"A series of lines around the perimeter of an area known as a metes and bounds description; 'metes' means bearings and distances and 'bounds' means and refers to monuments both physical and legal." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.1

Origin and History#

The earliest land transfers in England were accomplished without written descriptions. The seller and buyer would walk the perimeter of the parcel together, observing the physical markers -- stones, trees, ridges, streams -- that defined the boundaries. This ceremony was known as "livery of seisin."

"Centuries ago, the transfer of property was accomplished by the seller and buyer walking around the perimeter of the land and observing the monuments at each corner, known in those days as bounds, or, if a monument was not there, they would set one." -- Wattles, Writing Legal Descriptions (1976), Ch. 1, p. 1.1

When written descriptions became standard practice, they naturally reflected this perambulatory tradition: begin at a known point, proceed along each boundary line in sequence, and return to the starting point. The descriptions were in words, often narrative in style, and referenced whatever landmarks the parties recognized.

The early colonial descriptions were frequently vague by modern standards. Wattles provides several historical examples that illustrate the evolution of the art:

"Beginning at a hole in the pond; thence easterly three hatchet lengths; then southerly six hatchet lengths..." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.3

The "hole in the pond" was a spot too deep to freeze; the "hatchet length" was the distance a woodsman's ax could be thrown. Another description from the old Mexican territory measured distances in "smokes" -- the number of cigarettes a caballero consumed while riding on horseback between points.

"Both of these descriptions were satisfactory at the time and in the place they were created, because the people involved knew what the wording meant." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.3

The lesson embedded in these examples is that a description must be sufficient not only for the original parties but for anyone who follows -- generations later, with different instruments and different knowledge. Modern metes and bounds practice demands precision, unambiguous language, and adequate ties to enduring references.

Components of a Metes and Bounds Description#

A well-constructed metes and bounds description contains the following elements, in order:

1. Caption

The caption provides the general geographic context and limits the area within which the description operates. It typically identifies the county, state, and a larger parcel (a recorded lot, a section, a rancho, or other recognized tract) of which the subject parcel is a part.

"A caption possesses the inherent function of limiting the title within which it, and/or the detailed description following it, may operate." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.2

If the metes-and-bounds body describes an area that extends beyond the caption, the portion outside the caption does not pass in title.

2. Point of Beginning (POB)

The point at which the traverse begins and to which it must return. The POB must be identified by both its physical attributes and its legal relationship to other known features.

"A point of beginning must be in existence, or properly established in relation to an acceptable point, or points, for beginning and control of the land described from it." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.9

A well-defined POB might read: "Beginning at a 3-inch by 3-inch hickory post at the northwest corner of Boman's 10-acre tract as shown on the map recorded in Book 10, Page 4, of Miscellaneous Maps." This provides both the physical description (the hickory post) and the legal reference (the corner of a mapped tract).

When the true point of beginning is not at a recognized monument, a remote starting point is used. The description begins at a known, identifiable point (the "point of commencement") and traverses to the "true point of beginning" before describing the subject parcel. The closing course must return to the true point of beginning, not the point of commencement.

3. Courses (Bearing and Distance)

Each line segment of the parcel boundary is described as a "course" consisting of a bearing (direction) and a distance. Courses proceed sequentially around the perimeter, each beginning where the previous one ended.

Bearing conventions. Bearings are expressed in the quadrant system, measured from north or south toward east or west:

Bearings in a description must always be stated in the direction of travel -- the direction the traverse proceeds as you read the description from beginning to end.

"In a written description it is positively necessary that the direction of the angular quantity be expressed in consecutive continuity in the direction of travel from beginning to end." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.11

Distance conventions. Distances are typically stated in feet and decimal fractions of a foot (e.g., 452.37 feet). Older descriptions may use chains and links (1 chain = 66 feet; 1 link = 0.66 feet), rods or poles (1 rod = 16.5 feet), or varas (approximately 33-1/3 inches in California). The precision of the stated distance should reflect the precision of the measurement.

4. Monuments

Calls to monuments -- physical objects at or near corners and along boundary lines -- strengthen a description by providing durable, identifiable evidence of the intended boundary location. Monuments may be natural (rivers, ridges, marked trees) or artificial (iron pipes, concrete posts, stone monuments).

When monuments are cited in the description, they generally control over bearings and distances. This is the rule of construction that reflects the reality that monuments were placed intentionally to mark the boundary, while bearings and distances are merely the surveyor's record of measurements to those monuments.

5. Calls to Adjoiners

A "call" to an adjoining property -- "thence northerly along the west line of the land described in deed to Tom Brown recorded in Book 928 at Page 32 of Deeds" -- ties the subject description to an established boundary. Such calls carry high priority in the hierarchy of evidence.

"Calling for a well known line of another tract, denotes the intention of the party, with equal strength, to calling for a natural boundary, so long as that line can be proved." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.10

6. Area

The stated area (e.g., "containing 5.23 acres, more or less") is the lowest element in the hierarchy of calls. It serves as a general check but does not control the boundaries. If the computed area from the metes-and-bounds traverse differs from the stated area, the traverse controls.

7. Closure

The final course must return to the point of beginning. This is both a mathematical requirement (the traverse should close) and a legal requirement (the description must define a closed parcel). A description that does not close -- that leaves a gap between the last course and the POB -- is defective.

Curve Data#

When a boundary line follows a curve (as along a street or highway), the description must include sufficient data to define the curve. The standard elements of curve data are:

A typical curve call reads: "thence easterly 164.89 feet along a curve concave to the south having a radius of 1,000.00 feet." For full definiteness, the delta angle, chord bearing, and chord distance may also be stated.

Only two independent elements are mathematically required to define a simple circular curve (given the radius), but good practice includes redundant data to permit verification and to protect against transcription errors.

"Thence along the southerly line of the railroad right-of-way, south 89 15' 46" east 600.00 feet; thence leaving said right-of-way on a deflection angle to the southeast of 36 10' 12", south 53 05' 34" east 289.54 feet..." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.14

Common Terminology#

Metes and bounds descriptions employ a specialized vocabulary with precise legal meanings. Several terms deserve careful attention:

Thence. The fundamental transitional word, meaning "from that point" or "proceeding from there." It connects one course to the next and implies continuous travel from the end of the previous course.

Along. Used to indicate that a course follows an existing feature: "along the west line of said lot," "along the southerly line of Main Street." The word ties the course to the referenced feature, meaning the course follows the feature rather than the stated bearing and distance alone.

More or less. Signals uncertainty about a dimension. Wattles cautions against indiscriminate use:

"When a course ties to a matter which is on record, or ties to a monument, the tie will hold regardless and so it is unnecessary to say 'more or less.'" -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.10

Its proper use is where the surveyor knows, or strongly suspects from extrinsic evidence, that a stated dimension is approximate.

Said. Refers back to a previously mentioned item, avoiding repetition: "thence southerly along said west line to the southwest corner of said land." It always refers to an immediately preceding reference, never to a subsequent one.

Parallel with. The correct preposition is "with," not "to." One is never parallel "to" something; one is parallel "with" a line, a wall, or a street.

"In the use of the word 'parallel' the correct preposition to be used with it is 'with'; you are never parallel to something." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.11

Prolongation. The extension of a straight line beyond its endpoint. A curved line is not prolonged -- it is "continued." A straight line is prolonged, projected, or extended.

Excepting and Reserving. These words have distinct meanings. "Excepting" cuts off a portion of the described area from the conveyance. "Reserving" retains a right (such as an easement) over a portion of the conveyed area, without removing the fee title.

"According to Webster, the word 'except' means to pick out or leave out; or exclude; to omit. It is a cutting off of a portion of that which has been described. 'Reserving,' in contrast, does not mean cutting off but it means taking and keeping a certain right from a part of the whole area." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, pp. 3.8--3.9

Example Description#

A typical modern metes and bounds description illustrating the standard structure:

That portion of Farm Lot 114 in Tom's Vineyard Tract in the county
of Wild Life, state of Wyoming, as per map recorded in Book 76,
Page 28, of Maps in the office of the County Recorder of said
County, described as follows:

Beginning at the Southwest corner of said Lot; thence N 89 36' E
452.00 feet along the south line of said lot; thence N 28 24' E
238.79 feet; thence N 12 54' W 182.36 feet; thence N 75 52' W
550 feet more or less to the west line of said Lot; thence S 0 24' W
to the point of beginning.

Note the structure: caption (limiting area), point of beginning (southwest corner of a mapped lot), courses with bearings and distances, calls to lot boundaries ("along the south line," "to the west line"), and closure to the point of beginning. The "more or less" on the fourth course and the omission of distance on the final course both indicate that these lines are controlled by the lot boundaries, not by the stated dimensions.

Basis of Bearings#

Every metes and bounds description should establish the reference system for its angular measurements. This is the "basis of bearings" or "base of bearings."

"The establishment of a base from which bearings in the description can evolve is developed from such items as survey lines, boundary lines in or derived from a deed, lines shown on a record map, pairs of coordinates, pairs of physical monuments or an angle to a line turned from an astronomical observation." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.11

If no basis is stated, and the description references a recorded map, the assumption is that the bearings shown on the map serve as the basis. If no map is referenced and no basis is stated, a bearing given as a cardinal direction (NORTH, SOUTH) without qualification has been held by the courts to mean astronomic (true) north or south.

Mathematical and Legal Closure#

A description must close both mathematically and legally.

Mathematical closure means that the traverse of bearings and distances returns to the point of beginning with acceptable precision. If the traverse does not close perfectly (and it never does in practice), the misclosure should be small enough to be attributable to rounding or measurement imprecision, not to a missing course or gross error.

Legal closure means that the description defines a closed parcel -- there is no gap in the boundary through which title could leak. A description may have adequate legal closure even if the mathematical closure is imperfect, provided the calls to monuments, adjoiners, and recorded features fill any gaps.

The closing course -- the final course returning to the point of beginning -- is often the weakest course in the traverse. It absorbs whatever error has accumulated in the preceding courses. For this reason, experienced scriveners place the least important or most uncertain boundary as the closing course.

The Dividing-Line Method#

An alternative to describing a full perimeter traverse is the "dividing line" method. Rather than describing the entire parcel by metes and bounds, the description identifies the parent lot or parcel by its recorded reference and then describes only the dividing line that separates the subject parcel from the remainder.

For example, instead of a five-course traverse around a portion of a lot, the description might read:

Lot 19 in Tract .... (etc.)
EXCEPT that portion thereof lying northwesterly of the following
described line:
Beginning at a point on the west line of said Lot S 0 48' E 90.42
feet from the northwest corner of said Lot; thence N 38 26' E
115.20 feet to the north line of said Lot.

This form is shorter, simpler, and eliminates the possibility of gaps or overlaps along the lot boundaries. The only element the scrivener must describe is the single dividing line; the lot boundaries are incorporated from the recorded map.

"A much shorter way would be the 'dividing line' form." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.13

Common Errors in Metes and Bounds Descriptions#

Several recurring problems plague metes-and-bounds descriptions. The surveyor analyzing an existing description should watch for each of these; the surveyor writing a new description should guard against them.

Bearings without a basis. When bearings appear in a description without any stated basis and without reference to a recorded map, the angular reference is uncertain. The courts have generally held that unqualified cardinal directions (NORTH, SOUTH) are astronomic, but derived bearings require a stated basis.

Conflicting ties. When a course states a bearing, distance, and a tie to a monument, all three cannot control simultaneously. Wattles warns:

"Since no two field surveys are likely to agree with these measurements given, and if the axles were inadvertently set out of this position, which will hold?" -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.14

The rule of construction resolves the conflict (monuments over distances over bearings), but the best practice is to write descriptions that avoid creating the conflict in the first place.

Descriptions rewritten in reverse. Reversing the direction of a traverse changes which course absorbs the accumulated error. The original closing course -- intentionally made the weakest -- becomes a positive call, and the original first courses become the closing courses. This can shift boundaries by the amount of the original misclosure.

Improper use of "either." A strip described as "20 feet on either side of the following described line" is ambiguous, because "either" means one or the other, not both. The correct word is "each": "20 feet on each side of the following described line."

"In the place of 'either' use 'each': '20 feet on each side of the following described line:' will cover a 40 foot strip with a description of the center line given." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.9

Key Takeaways#

• Metes and bounds is the oldest and most flexible system of legal description. It can describe any parcel of any shape in any jurisdiction.
• The components are: caption (limiting area), point of beginning (identifiable starting point), courses (bearing and distance for each line), monuments (physical and legal markers), calls to adjoiners, area (supplemental), and closure (return to POB).
• Bearings are expressed in quadrant notation (N/S degrees E/W) and must proceed in the direction of travel around the parcel.
• Curve data includes radius, arc length, delta angle, chord bearing, chord distance, and concavity. Redundant data permits verification.
• Terminology matters. Words like "along," "more or less," "excepting," and "reserving" have precise legal meanings that affect the interpretation of the description.
• The point of beginning must be clearly identified by both physical attributes and legal references. When the POB is not at a recognized point, a remote point of commencement is used.
• Both mathematical closure (the traverse returns to the POB) and legal closure (the boundary is complete with no gaps) are required.
• The basis of bearings should be stated in the description. If omitted, the courts will look to referenced maps or interpret cardinal directions as astronomic.

References#

1. Wattles, G.H. Writing Legal Descriptions (1st Ed.). Rancho Cordova, CA: Landmark Enterprises, 1976. Chapters 1, 3, 4, 5, and 11.
2. Robillard, W.G. & Wilson, D.A. Brown's Boundary Control and Legal Principles (7th Ed.). Hoboken: Wiley, 2014. Chapters 5--7.
3. Robillard, W.G. & Wilson, D.A. Evidence and Procedures for Boundary Location (6th Ed.). New York: Wiley, 2011. Chapters 4--6.
4. U.S. Department of the Interior, Bureau of Land Management. Manual of Surveying Instructions (2009).
5. Black, H.C. Black's Law Dictionary (11th Ed.). Thomson Reuters, 2019.