The Complexity of Purchasing Real Estate

There are three aspects of real estate purchasing that make it uniquely complex:

1. The bundle of rights that comes with the real estate purchase.
2. The long history of property ownership.
3. The need for precise description.

 An error in the land’s description means a loss to someone, and that loss could be substantial. There are three methods for describing land that are recognized in legal documents.

Metes

The oldest method used is Metes and Bounds. When using this system, it is essential to know that metes refer to a unit of measure, and bounds are used in reference to some identifiable landmark. This method was primitive but was used for years before we came up with systematic reference points known as longitude and latitude. Without such information, they use things to reference the boundaries. Things like trees, which get cut down through the years, streams, which change their courses over time, and boulders, which sometimes change their locations. They used a marker, which was supposed to be perminate to begin the description, and as you followed their directions, you were to end at the very spot you started from. This metes and bounds system is the most flexible method used mainly because of the effects of time on things.

Subdivision Plat Lot and Block Number

Most urban property is part of a platted subdivision. When the platted residence or subdivision is created, a surveyed map of the subdivision is placed in the public. (As a side note, though you may hire a surveyor, he doesn’t report to you. His mapping goes back to the county and belongs to them. HE will record his findings, and he may stake your property, but he works for the government and cannot trespass while performing his duty. If you go out and remove the surveyor’s stakes, you are committing a crime.) When a surveyor provides their subdivision description with each parcel identified by plat lot and block numbers. This method provides an unambiguous description of the properties. The recorded plat map also often offers other important information:

1. Often, they show the easements, utilities, drainage, storm-water retention, and maybe bicycle paths.
2. They can display a list of restrictive covenants, although this is more likely to be part of an association today.

Government Rectangular Survey

Much of the United States is modeled after 13 colonies and the earliest post-Revolutionary new states and is described in the government rectangular survey. This method began in the Old Northwest Territory. That is known today as the states of Ohio, Indiana, Illinois, and Michigan, and began in 1789. For each of these regions, a baseline was established. Baselines run East and West. 

A principal meridian was also established, running North and South.

From these points, checks were identified. A check is a 24-mile square. Townships were then used, townships are 6-mile squares and within the townships are section which are a mile square. 

Townships are numbered east or west from the principal median. They are separated east and west by rangelines. Rangeline are 6 miles apart and run parallel to the principal median. These are numbered south or north from the baseline by their tier lines, which some call township lines. These lines also are 6 miles apart and run parallel to the baseline. These two sets of 6-mile line create the township which is subdivided into 36 squares with the numbering beginning in the northeast corner and ends in the southeast corner.

• A section contains 640 Acres
• An acre contains 43,560 square feet.

The unique quality is that there is only one like the one you’re purchasing. That one cannot be replaced by another. That makes purchasing real Estate complicated.

Note: Images on this blog site are from a free source or taken by the author. No image or group of photos are intended to represent the people the author serves. The author does not care about Race (that is a politically correct term that he does not like because we are all of the same Race, the Human Race. He prefers the term ethnicity), color, religion, sex, gender, marital status, disability, genetic information, national origin, source of income, Veteran or military status, ancestry, citizenship, primary language or immigration status. He is a service provider for all people. We will all rise together when we band together and help one another. Joseph Erwin is a Real Estate Broker, DRE # O2131799, and a CA general contractor # B 696662. He’s a member of the CRMLS and The East Valley Association of Realtors located in the Inland Empire region of Southern California.