Legal Description Writing

Overview#

A legal description defines the boundaries of a parcel of land with sufficient certainty that the parcel can be identified and located on the ground. It is the textual counterpart of the survey map -- and in many legal contexts, the description controls over the map. Writing legal descriptions is one of the surveyor's most exacting and consequential office tasks.

A well-written legal description is precise, unambiguous, complete, and follows established conventions. A poorly written description creates uncertainty, invites disputes, and may fail to convey the intended property. The surveyor who writes descriptions must command both the technical conventions and the legal principles that govern their interpretation.

"The primary object of a legal description is to furnish the means of identifying the land conveyed. If this is accomplished with certainty, the description is sufficient." -- Wattles, Writing Legal Descriptions (1976), Ch. 1, p. 1.01

When Surveyors Write Legal Descriptions#

Surveyors write or review legal descriptions in numerous contexts:

• New parcels -- When land is divided, each new parcel needs a description
• Easements -- Access, utility, drainage, and conservation easements require precise descriptions
• Dedications -- Streets, parks, and public areas require descriptions for dedication documents
• Boundary line adjustments -- Lot line adjustments require descriptions of the modified parcels
• Corrections -- Correcting errors in existing descriptions
• Condemnation and acquisition -- Government acquisition of partial or complete parcels
• Title curative -- Resolving title defects by preparing accurate descriptions

The surveyor's role varies by jurisdiction. In some states, only a licensed surveyor may prepare descriptions based on a new survey. In others, attorneys or title companies also prepare descriptions. Regardless of who writes it, the surveyor's technical expertise is essential to ensuring the description is mathematically correct and physically locatable.

Types of Legal Descriptions#

Metes and Bounds

The metes and bounds description is the oldest and most flexible form of legal description. It describes a parcel by tracing its boundary, starting from a defined point of beginning and returning to the same point. "Metes" refers to measurements (bearings and distances); "bounds" refers to boundaries (monuments, adjoiners, natural features).

Lot and Block (Subdivision Reference)

A lot and block description identifies a parcel by reference to a recorded subdivision map:

"Lot 5 of Block 3 of Sunrise Estates, as shown on the map filed in Book 45, Page 12 of Maps, in the office of the County Recorder of [County], [State]."

This is the simplest form of description when the parcel corresponds to a platted lot. The map provides all the boundary detail.

Government Survey (PLSS) Reference

In Public Land Survey System states, parcels can be described by their PLSS designation:

"The Northwest Quarter of Section 12, Township 3 North, Range 5 West, [Principal Meridian], [State]."

Aliquot part descriptions are valid when the parcel corresponds to a standard PLSS division. For irregular parcels, a metes and bounds description within the PLSS framework is used.

Combination Descriptions

Many practical descriptions combine methods:

"That portion of Lot 5 of Block 3 of Sunrise Estates, as shown on the map filed in Book 45, Page 12 of Maps, described as follows: Beginning at the northwesterly corner of said Lot 5; thence..."

Components of a Metes and Bounds Description#

Caption

The caption introduces the description and provides the general location context:

"A parcel of land situated in the Northwest Quarter of Section 12, Township 3 North, Range 5 West, Mount Diablo Base and Meridian, in the City of Springfield, County of Greene, State of [State], described as follows:"

The caption should move from the general to the specific: state, county, city, PLSS location or recorded map reference.

Point of Beginning (POB)

The Point of Beginning is the starting and ending point of the boundary traverse. It must be tied to identifiable, durable features so that a subsequent surveyor can locate it:

Good POB: "Beginning at a found 3/4-inch iron pipe at the intersection of the northerly line of Lot 5 of Block 3 of said Sunrise Estates with the easterly right-of-way line of Main Street as shown on said map..."

Poor POB: "Beginning at a point on the north line of the property..."

"The point of beginning should be tied to a monument or other identifiable point so that it can be found by a surveyor unfamiliar with the property." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.02

The POB must:

• Be at or near a corner of the parcel
• Be tied to identifiable features (monuments, recorded boundary lines, intersections)
• Be described with enough detail that it can be independently located

Courses

Each course describes one segment of the boundary. A straight-line course includes:

1. Direction of travel -- Bearing in standard format
2. Distance -- Length of the course
3. Terminus -- What the line encounters at its end (optional but helpful)

Example: "thence North 45°30'15" East, a distance of 150.25 feet to a set 5/8-inch rebar with cap stamped 'LS 12345';"

Calls to Adjoiners and Features

Boundary descriptions should reference adjoiners and physical features along the boundary where they exist:

"thence along the southerly line of said Lot 6, North 89°45'00" East, a distance of 200.00 feet;"

"thence along the centerline of Elm Creek, the following courses and distances:..."

Calls to adjoiners strengthen the description by providing additional evidence of intent and by connecting the description to the broader land framework.

Closure

The final course must return to the Point of Beginning, explicitly stated:

"thence South 00°15'30" East, a distance of 175.00 feet to the Point of Beginning."

Area

The area is typically stated at the end of the description:

"Containing 0.573 acres, more or less."

The "more or less" qualifier acknowledges that the area is computed and is subordinate to the boundary lines.

Qualifications and Exceptions

If the described parcel excludes or is subject to any encumbrances:

"Subject to a 10-foot public utility easement along the northerly boundary as described in Document No. 2020-123456, recorded in the office of the County Recorder of [County], [State]."

Writing Conventions#

Bearing Format

Standard bearing format in legal descriptions:

Never use azimuths in legal descriptions. Always use quadrant bearings (N/S angle E/W). Azimuths are computational; quadrant bearings are descriptive.

Distance Format

Curve Data in Descriptions

When a boundary follows a curve, the description must provide sufficient data to reconstruct the curve. The minimum information typically includes:

• Direction of curvature (concave northerly, concave southwesterly, etc.)
• Radius
• Arc length (or central angle -- either, combined with the radius, defines the curve)
• Chord bearing and chord length (for redundancy and field layout)

A complete curve call:

"thence along a curve to the right, having a radius of 500.00 feet, concave southeasterly, through a central angle of 14°24'02", an arc length of 125.67 feet (chord bears North 52°15'30" East, 125.32 feet);"

Non-Tangent Curves

When a curve does not begin tangent to the preceding course, the description must state this:

"thence along a non-tangent curve to the left, a radial line to said curve bears South 22°10'45" West, having a radius of 250.00 feet..."

The radial bearing at the beginning of the curve provides the necessary geometric tie.

Compound and Reverse Curves

Compound curves (two curves of different radii curving in the same direction) meet at a point of compound curvature (PCC). Reverse curves (two curves curving in opposite directions) meet at a point of reverse curvature (PRC). Both must be fully described with complete curve data for each arc.

Writing Style

• Use "thence" to introduce each successive course
• Maintain parallel construction -- each course follows the same grammatical pattern
• Use semicolons to separate courses
• End the final course with a period after "to the Point of Beginning"
• Write bearings and distances as part of the sentence, not as isolated data
• Be consistent in the level of detail for each course

Common Errors in Legal Descriptions#

Mathematical Errors

Descriptive Errors

Structural Errors

• Starting the description at a point that is not a corner of the parcel -- This requires unnecessary additional calls to reach the boundary.
• Describing the parcel in a direction that crosses itself -- The description must trace the boundary in one continuous direction (clockwise or counterclockwise) without crossing.
• Mixing record and measured data without distinction -- If record bearings and distances differ from measured values, clearly identify which is which.
• Insufficient POB ties -- The POB should be tied to at least two identifiable features.

"The most common error in legal descriptions is not a wrong bearing or distance, but a failure to provide enough information for the next surveyor to find the point of beginning." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.05

Reviewing Descriptions for Sufficiency#

The Sufficiency Test

A legal description is sufficient if it identifies the parcel with certainty. The standard questions:

1. Can a competent surveyor locate the POB? -- Is it tied to identifiable features?
2. Can each course be plotted? -- Are bearings, distances, and curve data complete?
3. Does it close? -- Does the final course return to the POB?
4. Is the parcel uniquely defined? -- Could the description apply to more than one piece of land?
5. Are references correct? -- Do map references, document numbers, and adjoiner calls match the public record?

Review Procedure

1. Plot the description from the written text, course by course, without reference to a map. If you cannot plot it, neither can anyone else.
2. Check closure -- Compute the mathematical closure. A properly written description should close exactly (within computational rounding).
3. Verify curve data -- Confirm that radius, arc length, central angle, chord bearing, and chord length are mathematically consistent.
4. Cross-reference -- Compare the description to the survey map. They must agree.
5. Check against title -- Ensure the description is consistent with the vesting deed and title commitment.
6. Read it aloud. Awkward phrasing, missing words, and structural errors become apparent when the description is read aloud.

Easement Descriptions#

Types of Easements

Easement Description Structure

An easement description typically includes:

1. Purpose -- What the easement is for
2. Width -- If a strip easement, the width and which side of the centerline (or the full boundary)
3. Metes and bounds -- Full boundary description of the easement area
4. Underlying parcel reference -- The parcel within which the easement lies
5. Area -- The area of the easement
6. Benefited and burdened parcels -- Who benefits and whose land is burdened (often in the easement agreement, not the description itself)

Strip easement example:

"A strip of land 20.00 feet in width, lying 10.00 feet on each side of the following described centerline: Beginning at a point on the northerly line of said Lot 5, distant thereon North 89°45'00" East, 50.00 feet from the northwesterly corner thereof; thence South 00°15'30" East, a distance of 175.00 feet to a point on the southerly line of said Lot 5."

Irregular easement -- When the easement area is not a uniform strip, describe its full boundary as a parcel with a metes and bounds description.

Description vs. Survey Relationship#

The Description Follows the Survey

A legal description should be written from a completed survey, not the reverse. The sequence is:

1. Perform the field survey
2. Compute the boundary
3. Write the description from the computed boundary data
4. Verify the description by independent plotting

When Descriptions and Surveys Conflict

If an existing description does not match the field survey:

• The description may be correct and the field conditions may reflect encroachments or changes -- The description defines the legal boundary; the survey measures the physical evidence.
• The description may contain errors -- A corrective description may be needed.
• The field evidence may indicate that the original intent differs from the written description -- This is a boundary law question, not a description-writing question.

The surveyor must exercise professional judgment in determining which controls: the description, the monuments, the physical evidence, or the occupational boundaries. The hierarchy of calls (natural monuments, artificial monuments, adjoiners, courses, distances, area) governs the interpretation of ambiguous or conflicting descriptions.

Description Writing as Professional Practice

Writing legal descriptions is not mere clerical work. It requires:

• A thorough understanding of the survey and its basis
• Knowledge of descriptive conventions and their legal implications
• Awareness of how descriptions will be interpreted by attorneys, title examiners, and future surveyors
• The discipline to verify every bearing, distance, and reference before the description is issued

"A legal description written by a surveyor who has performed the survey is far more likely to be accurate and sufficient than one written from a map alone." -- Wattles, Writing Legal Descriptions (1976), Ch. 1, p. 1.03

Key Takeaways#

• A legal description must identify the parcel with certainty. If a competent surveyor cannot locate and trace the boundary from the description alone, it is insufficient.
• The Point of Beginning is critical. It must be tied to identifiable, durable features so that any surveyor can find it.
• Follow standard conventions for bearings (quadrant format), distances (spelled-out units), curve data (complete and consistent), and writing style ("thence" phrasing).
• Curve data must be internally consistent. Radius, arc length, central angle, chord bearing, and chord length must all agree mathematically.
• Easement descriptions require the same rigor as boundary descriptions. Include purpose, width, boundary, underlying parcel, and area.
• Common errors are preventable through careful drafting, independent plotting, and systematic review.
• Always write the description from the survey -- never survey from the description. The description documents the survey; it does not substitute for one.
• Review every description by plotting it independently, checking closure, verifying curve data, and reading it aloud.

References#

1. Wattles, G.H. Writing Legal Descriptions (1st Ed.). Rancho Cordova, CA: Landmark Enterprises, 1976.
2. Robillard, W.G. & Wilson, D.A. Evidence and Procedures for Boundary Location (6th Ed.). Wiley, 2011. Chapters 1--4.
3. Brown, C.M., Robillard, W.G. & Wilson, D.A. Brown's Boundary Control and Legal Principles (7th Ed.). Wiley, 2014.
4. Ghilani, C.D. & Wolf, P.R. Elementary Surveying: An Introduction to Geomatics (13th Ed.). Pearson, 2012. Chapter 21.
5. Bureau of Land Management. Manual of Surveying Instructions (2009). Chapter 7.
6. Grimes, J.S. Clark on Surveying and Boundaries (8th Ed.). Lexis Law Publishing, 2009.