Types of Legal Descriptions

Overview#

A legal description is the written identification of a parcel of land that distinguishes it from every other parcel on the face of the earth. It is the textual representation of a boundary -- the precise grouping of words that defines where one person's land ends and another's begins. Every deed, mortgage, easement, and court judgment depends on a legal description to identify the property affected.

"A description of the outline of a certain area is the proper grouping of words which delineates one specific piece of land and which cannot apply to any other piece of land." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.1

The term "legal description" is used rather than "land description" because the description must withstand legal scrutiny. It must be sufficient for a competent surveyor to locate the parcel on the ground. If it fails that test, the conveyance it supports may be challenged or voided entirely.

There are three major systems for describing land in the United States, each developed to meet different historical and practical needs. A surveyor preparing for professional licensure must understand all three systems, know when each is appropriate, and recognize the strengths and limitations of each.

The Three Major Types#

Wattles identifies five types of descriptions, but three are fundamental and account for the vast majority of descriptions encountered in practice:

"There are generally five types of descriptions: A. A series of lines around the perimeter of an area known as a metes and bounds description; B. A boundary description stated totally by reference to other parcels already on record; C. All or a part of a section in Public Land Area; D. A lot in a subdivision as shown on a map; E. Strip descriptions for right-of-ways of pipelines, roads, etc." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.1

The three primary types that every surveyor must master are metes and bounds, lot and block (recorded plat), and government survey (PLSS). Each has a distinct origin, structure, and set of conventions.

Metes and Bounds

The oldest form of legal description, metes and bounds traces its origins to the colonial era and to English common law before that. "Metes" refers to measurements -- bearings and distances -- while "bounds" refers to the monuments, both physical and legal, that mark the corners and lines of the parcel.

A metes and bounds description begins at a defined point (the point of beginning), follows a series of courses around the perimeter of the parcel, and returns to the starting point. Each course specifies a direction and distance, and may reference monuments, adjoiners, or other controlling features along the way.

This type of description can describe any shape of parcel, making it the most flexible of the three systems. It is the default method wherever the other two systems do not apply, and it is used as a supplement within lot-and-block and government survey descriptions when a portion of a larger parcel must be carved out.

Lot and Block (Recorded Plat)

The simplest and most concise form of description references a parcel by its designation on a recorded subdivision map or plat. A typical lot-and-block description reads: "Lot 9 of Block D in the Higginsville Tract, as per map recorded in Book 17, Page 32 of Maps in the office of the County Recorder of said County."

"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

The power of this system lies in the fact that the recorded map becomes part of the description. All dimensions, bearings, monuments, and relationships shown on the map are incorporated by reference. The description itself can be as short as a single sentence, yet it carries with it the full detail of the underlying survey.

Government Survey (PLSS)

The United States System of Rectangular Surveys, established by the Land Ordinance of 1785, provides a systematic method for identifying land within the public domain. Land is described by reference to sections, townships, ranges, and principal meridians, with the section as the basic unit (nominally one mile square, or 640 acres).

Aliquot part descriptions subdivide sections into halves and quarters: "The northeast quarter of Section 10, Township 2 North, Range 5 East, of the San Bernardino Meridian." This system covers approximately 30 states, primarily those west of the original thirteen colonies plus the states carved from the Northwest Territory.

"The use of sections, quarter sections and lots in sections with the township and range numbers and the name of the Meridian for the total area embraced make the description of land much easier and faster." -- Wattles, Writing Legal Descriptions (1976), Ch. 1, p. 1.3

Comparison of the Three Types#

Hybrid Descriptions#

In practice, descriptions frequently combine elements of two or more types. A parcel that is a portion of a platted lot requires a lot-and-block caption followed by a metes-and-bounds body:

"That portion of Lot 1 in Block 2 of Tract No. 3 ... 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 ..." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.4

Similarly, a portion of a government survey section may require aliquot-part language in the caption with metes-and-bounds courses in the body:

"That portion of the southwest quarter of the northeast quarter of Section 12, Township 4 South, Range 2 East, of the Navajo Meridian, State of Arizona, described as follows: Beginning at..."

The caption limits the area within which the metes-and-bounds description operates. If any part of the metes-and-bounds traverse extends beyond the caption area, that portion does not carry title. This is a critical principle for both writing and interpreting descriptions.

"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

Legal Sufficiency#

A description is legally sufficient if it identifies the parcel with enough certainty that a competent surveyor can locate it on the ground. Sufficiency does not require mathematical perfection -- it requires that the description, taken as a whole and interpreted with the aid of the referenced documents and extrinsic evidence, points to one and only one parcel.

"If a description is sufficient for a competent surveyor to locate the land on the ground, with or without extrinsic evidence, it is considered sufficient as between the parties." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.8

The standard is practical, not theoretical. Historical descriptions using measurements like "chains and links" or monuments like "an old willow tree" may still be sufficient if the referenced features can be identified or their locations reconstructed from surrounding evidence.

What Makes a Description Inadequate

A description fails when it cannot identify a single, specific parcel. Common causes of inadequacy include:

• Ambiguity -- the description could apply to more than one parcel, or its language admits multiple interpretations with no way to resolve them
• Insufficient reference -- the description ties to documents, maps, or monuments that do not exist or cannot be found
• Mathematical impossibility -- the courses do not close, or the described geometry is internally contradictory with no resolution
• Missing elements -- the description omits essential information (no county, no state, no point of beginning, no closure)

"Insufficiency can even void a conveyance." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.1

Even a county omitted from a description has been held sufficient grounds to render a trust deed void. The surveyor writing a description must include every element necessary for identification, and the surveyor reading a description must evaluate whether those elements are present and adequate.

Adequacy vs. Perfection

It is important to distinguish between a description that is adequate and one that is perfect. Many recorded descriptions contain minor errors -- a bearing that is slightly off, a distance that does not match the field measurement exactly, a monument call that is redundant. These imperfections do not render the description inadequate if the parcel can still be uniquely identified.

The courts apply rules of construction to resolve minor inconsistencies. The intent of the parties, as expressed in the instrument and the circumstances of the transaction, is the controlling factor. A description that requires interpretation is not the same as one that is insufficient.

This is why the competent surveyor is the standard for sufficiency -- not the layperson and not mathematical perfection. If a surveyor with access to the public records and the skills of the profession can determine what parcel is described, the description is sufficient. If the same surveyor cannot determine a unique parcel even after exhausting all available evidence, the description is inadequate.

The practical implication for the surveyor writing a description is clear: include enough information that a future surveyor will not need to guess. Include ties to enduring references -- recorded maps, permanent monuments, established boundary lines. Make the description complete, but not cluttered with unnecessary qualifications that could themselves create ambiguity.

The Role of Interpretation#

When a description contains ambiguity or conflicting elements, the surveyor and the courts turn to established rules of construction. These rules provide an order of priority among the elements of a description:

1. Natural monuments (rivers, lakes, ridges)
2. Artificial monuments (stakes, pipes, walls) recited in the description
3. Adjoiners (calls to boundaries of adjoining properties)
4. Courses (bearings/directions)
5. Distances along boundary lines
6. Area (acreage as a supplemental statement)

"In order to have some semblance of relationships in the value of various parts of control in descriptions, there has been established an order of superiority of calls, commonly known as 'rules of construction.'" -- Wattles, Writing Legal Descriptions (1976), Ch. 4, p. 4.1

This hierarchy exists because some elements are more reliable than others. A monument physically placed on the ground at the time of the original survey is considered more certain than a bearing or distance, which could be miscalculated or mistranscribed. The fundamental principle, as articulated by Brown, is that the surveyor must follow the footsteps of the original surveyor, giving greatest weight to the most certain evidence.

"The most important rule of construction is that the intention of the parties controls, and all rules of construction are subservient to that principle." -- Robillard & Wilson, Brown's Boundary Control and Legal Principles (7th Ed., 2014), Ch. 3

The surveyor's role in interpretation is distinct from the attorney's. The surveyor establishes the physical location of the boundary based on the evidence; the attorney determines the legal consequences. But the surveyor must understand the rules of construction to properly weigh the evidence encountered in the field.

Other Description Types#

While the three major types dominate practice, two additional forms deserve mention.

Boundary Descriptions by Reference

A parcel can be described entirely by reference to the boundaries of adjoining properties already on record. Rather than stating bearings and distances, the description identifies each boundary by the deed of the adjacent owner:

"On the west and north by the land of Raymond Blue as described in deed recorded Feb. 21, 1927 in Book 263, Page 84 of Deeds. On the north and east by the land of Tom Gray as described in deed recorded Jan. 14, 1929 in Book 349, Page 72, of Deeds." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.6

This form is legally valid but practically difficult. A surveyor attempting to locate the boundary must first obtain and analyze every referenced deed -- and each of those deeds may in turn reference other deeds. For this reason, Wattles recommends against using this form when a metes-and-bounds description is feasible:

"Although the above type of description using boundary deeds of record is perfectly good for title, it is difficult, not only for the surveyor in the field but also for the draftsman, to use without copies of all the reference material." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.6

Strip Descriptions

Strip descriptions are used for rights-of-way, pipelines, highways, railroads, and other linear features that cross multiple parcels. They typically describe a centerline (or side line) by metes and bounds, then define the strip width on each side. A strip description may cross dozens of individual parcels, with each crossing described as a separate "parcel" within the overall document.

Strip descriptions require special care with terminal points (where the strip begins and ends), angular terminations at parcel boundaries, and the relationship between the strip and the parcels it traverses.

The Relationship Between Descriptions and Surveys#

The relationship between a legal description and a land survey is fundamental. They are interdependent: sometimes the survey controls the description, and sometimes the description controls the survey.

"Positioning of the boundary of a parcel of land is the result of applying a set of record conditions created for that boundary to the circumstances existing in the field." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.16

When the survey controls the description: New boundaries -- subdivisions, lot splits, boundary line agreements, right-of-way acquisitions -- are established by the surveyor's work on the ground. The monuments set by the surveyor define the boundary, and the description is written afterward to document what the survey created.

When the description controls the survey: Existing boundaries -- retracement surveys, boundary location, resurveys of recorded parcels -- are defined by the recorded description. The surveyor must follow the description, locate the monuments and features it calls for, and apply the rules of construction to determine the boundary position.

"When the record is properly written or mapped, it becomes the controlling factor in any location or restoration of a boundary which may not have been monumented, or where the monumentation has been physically destroyed." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.16

This distinction is critical for understanding how descriptions function in practice. A description of a newly created boundary is a record of what was done. A description of an existing boundary is an instruction for what to find.

Historical Evolution#

The progression from primitive descriptions to modern practice reflects the evolution of surveying technology, legal standards, and land administration systems.

In the colonial era, descriptions relied on natural features, crude measurements, and the shared knowledge of the parties. As Wattles illustrates with his historical examples, these descriptions were sufficient for their time because the community context filled the gaps. But as land changed hands across generations and communities changed, the shared knowledge was lost and the descriptions became increasingly difficult to interpret.

The development of the PLSS in 1785 was a deliberate response to the inadequacy of metes-and-bounds descriptions for rapid disposition of public lands. The rectangular system provided a standardized, self-indexing framework that eliminated the need for lengthy descriptions and reduced (though did not eliminate) boundary disputes.

The growth of subdivision platting in the 19th and 20th centuries extended the same principle to private land. By recording a detailed survey map and assigning lot numbers, the subdivider created a framework within which any lot could be described in a single sentence.

Today, all three systems coexist. A surveyor working in a PLSS state may encounter government survey descriptions for rural parcels, lot-and-block descriptions for urban parcels, and metes-and-bounds descriptions for boundary agreements, easements, and irregular configurations. Professional competence requires fluency in all three.

Choosing the Right Type#

The choice of description type depends on the circumstances:

• Metes and bounds is required when describing irregular parcels, portions of lots, boundary line agreements, or easements that do not follow lot lines
• Lot and block is preferred whenever the parcel corresponds to an entire lot (or easily described portion of a lot) shown on a recorded map -- it is shorter, less error-prone, and carries the full weight of the underlying survey
• Government survey is appropriate for describing whole sections, quarter sections, or aliquot parts of sections in PLSS states, particularly for rural and agricultural land

"The preferred method of writing descriptions is using the best type or combination of types and parts that will give the clearest and shortest description possible." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.2

When multiple types could work, choose the shortest and simplest that still provides full clarity. A whole lot is best described by its lot-and-block designation. A partial lot requires the lot-and-block caption with a metes-and-bounds body. A whole quarter section needs only the aliquot part language. Metes and bounds should be reserved for situations where neither of the other systems can adequately describe the parcel.

The overriding principle is clarity. Wattles summarizes this as a guiding standard for every scrivener:

"Your slogan should be 'concise clarity without ambiguity.'" -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.2

The surveyor who understands all three systems and can deploy the right one -- or the right combination -- for each situation is equipped to produce descriptions that are concise, unambiguous, and legally sound. The choice of description type is itself a professional judgment, and it is the first decision the scrivener makes.

Key Takeaways#

• A legal description must uniquely identify a parcel of land such that a competent surveyor can locate it on the ground. If it fails this test, it may void the conveyance.
• The three major types are metes and bounds (perimeter courses with bearings and distances), lot and block (reference to a recorded plat), and government survey (PLSS aliquot parts with section, township, range, and meridian).
• Metes and bounds is the most flexible but the most complex and error-prone. It can describe any shape of parcel and is used wherever the other systems do not apply.
• Lot and block descriptions are the simplest and shortest. The recorded map is incorporated by reference and carries all the detail of the underlying survey.
• Government survey descriptions apply only in PLSS states. They are concise for regular subdivisions of sections but require understanding of PLSS conventions and the realities of original survey monuments.
• Hybrid descriptions combining two or more types are common. The caption limits the area of operation; the body provides the detail.
• Sufficiency is the threshold standard. A description does not need to be perfect, but it must provide enough information to identify exactly one parcel.
• When elements conflict, the rules of construction establish a hierarchy of reliability: monuments over courses over distances over area.
• The intent of the parties is the controlling principle in all interpretation, and all rules of construction serve that principle.

References#

1. Wattles, G.H. Writing Legal Descriptions (1st Ed.). Rancho Cordova, CA: Landmark Enterprises, 1976. Chapters 1, 3, 4, 7, and 11.
2. Robillard, W.G. & Wilson, D.A. Brown's Boundary Control and Legal Principles (7th Ed.). Hoboken: Wiley, 2014. Chapters 1--4.
3. Robillard, W.G. & Wilson, D.A. Evidence and Procedures for Boundary Location (6th Ed.). New York: Wiley, 2011. Chapters 1--3.
4. U.S. Department of the Interior, Bureau of Land Management. Manual of Surveying Instructions (2009). Chapters 1--3.
5. Black, H.C. Black's Law Dictionary (11th Ed.). Thomson Reuters, 2019.
6. Ballentine, J.A. Ballentine's Law Dictionary (3rd Ed.). Rochester, NY: Lawyers Co-operative Publishing Co., 1969.
7. Bouvier, J. Bouvier's Law Dictionary. Philadelphia: J.B. Lippincott Co., 1914.
8. Burrill, A.M. A Law Dictionary and Glossary (2nd Ed.). New York: Baker, Voorhis & Co., 1871.