Chapter 7: Land Descriptions

etc. Legal descriptions are then made in a building-block fashion from small to large, for example, referring to the southwest quarter of the northeast quarter of Section XX, Township XX North (of a particular base line), Range XX West (of a particular meridian).

A section is the smallest subdivision usually surveyed by government surveyors, marked at each section corner with a “survey monument.”

The above sketch shows ranges (numbered east and west of the 6th principle meridian), and townships (numbered north and south of a baseline). There are two quadrangles, one on either side of the 6th principal meridian above the base line. A portion of two additional quadrangles is shown below the base line. A tier is a horizontal row of ranges.

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Township map showing 36 numbered Sections as connected to sections of adjacent Townships

Example of a fractional breakdown of a Section (640 Acres) of Land

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Map showing Denver and Vicinity in terms of the actual Townships, (tiers) and Ranges

II. Metes and Bounds Descriptions

When land cannot be identified by the governmental survey system, it is described by metes and bounds. Metes means measures of length and bounds means boundaries. The United States and Canada are the only countries in the world using the GSS. In all the rest of the world, tracts of land are surveyed and described by metes and bounds—usually by identifying a point of beginning and the boundaries in relation to a recognized marker or monument or to natural features such as streams, bridges, piles of stones, trees, etc.

Metes and bounds are used in Colorado when it is necessary or desirable to describe a tract with irregular boundaries not conforming to the GSS. However, such a survey or description rarely or never relies on natural features for location. As used in this state, metes and bounds surveys and descriptions are irregular parts of a section or some subdivision of a section. They always tie to some established comer or line of the GSS or to a recognized point on a recorded subdivision plat. Professional land surveyors establish metes and bounds, and are the only persons qualified to sanction “official” surveys.

A. Bearing System

Metes and bounds are expressed in bearings and distances. The direction of a line—its bearing—is always stated in terms of its angle from north-south (expressed in degrees (°), minutes (') and seconds (")), followed by its direction east or west of that north-south line, (e.g. N 70 degrees, 19 minutes E., or S 24 degrees, 10' W). A cardinal direction of due north, south, east or west is expressed as such.

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In unsurveyed areas, meridians were established by compass or astronomical observations and calculation. In almost all cases now, bearings are determined from an already established line, such as a section line.

It is important when describing land by bearings and distances to state the source of information such as grant, survey, or deed records.

Example of Metes and Bounds Legal Description

A tract of land in the Northwest one-quarter of the Northwest one-quarter (N/W 1/4, NW 1/4) of Section 30, Township 1 South, Range 60 West of the 6th P.M., described as follows: Commencing from the Northwest corner of said Section 30; thence South 20 degrees 30 minutes East 140.60 feet to the point of beginning (POB); thence North 88 degrees 55 minutes East 200.00 feet; thence South 125.0 feet; thence South 88 degrees 55 minutes West 200.00 feet; thence North 125.00 feet to the POB, County of Adams, State of Colorado.

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Chapter 7: Land Descriptions

B. Azimuth System

The Azimuth system differs from bearings in that it expresses all directions in terms of the clockwise angle from North from zero (North) through 360 degrees (also North), instead of being broken into four quadrants. Thus, instead of N 70 degrees W, the azimuth system would refer to that same boundary as “290 degrees,” moving clockwise from due North as the starting point, through 180 degrees (due South), then 270 degrees (due West). Surveyors often use it in their work but generally convert it to the usual bearing description. It is seldom used in legal descriptions.

III. Recorded Subdivision Plat

A single large tract of land is typically developed into subdivisions. The small parcels of land within a subdivision are called lots and blocks. Subdivisions usually propose streets, alleys, public utility easements and such other information that the owner and local government desire to include as part of the development plan. A survey is conducted and a map called a subdivision plat is made. Plats must then be recorded in the office of the county clerk and recorder. Recording enables permanent description of a parcel of land as a certain lot and block of the recorded subdivision map, instead of by metes and bounds. The plat map itself shows the boundaries and specific measurements of each lot.

In most cases it is unlawful for any subdivider or agent of a subdivider to transfer title or sell any subdivided land before a final subdivision plat of the subdivided land has been approved by the county board of commissioners and recorded or filed with the clerk and recorder. Violations carry a penalty for each parcel sold. (30-28-110, C.R.S.).

Also, the boundaries of a subdivided block on which a lot is located must be visibly marked before a contract for sale is signed. Lot boundaries must be staked within one year from the effective date of the contract. The burden is on the seller of the subdivided lots to provide for this surveying, unless a block is sold as a unit, in which case the burden is on the subsequent seller. (C.R.S., 38-51-105(3)(a) & (5)).

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The legal description of the shaded site in this illustration would be written as follows:

Lot five (5), Block two (2), Capitol Hill Subdivision, an addition to the City and County of Denver, State of Colorado, according to the recorded plat in the office of the County Clerk and Recorder of said county.

IV. Surveys and Certificates

There are many methods and purposes for describing and identifying property that the real estate licensee will encounter and with which he or she should be familiar.

The land survey plat includes a scale drawing of the boundaries of a parcel of land, which is compiled by a series of exact and precise linear and angular measurements taken from a known point of origin developed by mathematical principals of surveying. The purpose of the land survey plat is to determine, locate and or restore real property boundaries. The land survey plat will also indicate any conflicting boundary evidence and any recorded and/or apparent rights-of-way or easements.

The improvement survey plat is comprised of the same precise information as is the land survey plat mentioned above, and in addition indicates the location of all structures (improvements) on the parcel of land. The improvement survey plat also shows visible encroachments and any fences, hedges, or walls on or within two feet of both sides of all boundaries. The improvement survey plat details all visible above-ground utilities, and all underground utilities for which there is visible surface evidence.

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An improvement location certificate (ILC) is another method of describing and approximately locating property, and is often required by lenders and insurance companies. It offers certain reasonable assurances regarding potential boundary or encroachment problems that may affect their interests. It also illustrates the location of improvements and conditions of the property. However, it is based on assumptions regarding boundary location and is not a precise survey. An ILC is typically used in the single-family residential transactions for property located within a subdivision. It is a method of depicting property to which most real estate licensees will have the most exposure. A licensee should be familiar with the differences between land and improvement surveys, and an LC.

An ILC is:

1.a representation of boundaries and improvements based on a surveyor’s general knowledge in a given area.

2.a depiction of the property boundaries showing the size and shape of a parcel which is based on the legal description provided in the warranty deed.

3.a document signed and sealed by a professional land surveyor who has certain professional responsibilities for its accuracy.

4.a representation of the location of improvements, encroachments and easements based on their relationship to a reasonable estimate of the location of property lines.

An ILC is not:

1.a survey.

2.evidence of exact boundary location.

3.a precise property corner locator.

4.to be legally relied upon for locations of property lines or future improvements.

Sometimes an ILC will indicate a possible encroachment or other evidence of a boundary dispute. In this case, a true survey (i.e., improvement survey plat or land survey plat) would be required to clarify or resolve any discrepancies. A real estate licensee should never represent that an improvement location certificate is a survey.

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The following is a sample improvement location certificate:

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Chapter 7: Land Descriptions

V. Colorado Coordinate System

The Colorado Coordinate System became effective July 1, 1967 under Title 38 Article 52 C.R.S. This statute is permissive in nature and is not mandatory.

The system is based on defining a point by its distance from two perpendicular baselines (i.e., one north-south axis and an intersecting east-west axis). The intersection of such defined lines in each Colorado coordinate zone then serve as the beginning points of a legal description.

The survey divides Colorado into roughly equal horizontal zones North, Central and South. Counties located in the northern one-third are designated “Colorado Coordinate System, North Zone”, and the same applies to Central and South zones When a tract of land overlaps two zones, it may be described with reference to either one, and names the zone from which its measurement originates in the legal description.

The coordinates used to express a point in any zone of this system are two distances, expressed in number of feet, measured to two decimal places. The east-west direction is known as the “X-coordinate” and a north-south direction is known as the “Y-coordinate.” These coordinates conform to those on the “Colorado Coordinate System” of the National Geodetic Survey within the State of Colorado.

Whenever the “Colorado Coordinate System” is used to describe a tract of land in a document that also legally describes the same tract by reference to a subdivision, or to the GSS, the Colorado Coordinates shall be supplemental to the other description. In the event of a conflict between two descriptions, the GSS description shall prevail over the Colorado Coordinates unless such coordinates are upheld by adjudication.

Further information on the Colorado Coordinate System of land description, refer to the statute or consult a professional land surveyor.

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Example of a Metes and Bounds Description Using Colorado Coordinate System as Supplemental Information

Commencing at the corner of Section 20, 21, 28 and 29, T 4 S, R 75 W, 6th P.M. and bearing North 22 degrees, 15 minutes West 202.50 feet to the point of beginning which is marked by a 5/8" diameter iron rod set in concrete; thence bearing North 79 degrees 45 minutes West 155 feet to a brass marker set in a granite ledge and stamped “2928,” said brass marker having grid coordinates X = l,916,572.14' and Y = 624,697.82' on the Colorado Coordinate System, Central Zone; thence South 22 degrees 45 minutes West 106.50 feet; thence South 70 degrees 15 minutes East 145 feet;, thence North 25 degrees 30 minutes E 133.50 feet to the Point of Beginning.

Any description is legal and valid if it unquestionably identifies the property. The phrase “legal description” refers to one of the types of land description explained in this chapter. These types of descriptions are more precise and accurate than informal description such as street addresses.

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VI. Metric System

Most of the world does its measuring in metes. The metric system is called the International System (IS) of Units, and it is the measurement standard in nearly all countries of the world. The United States is slowly moving toward the metric system.

The metric system progresses logically in units of 10. Measurement prefixes have the same meanings whether measuring length, volume or mass, the most common being, micro- (one-millionth); milli-(one-thousandth); centi-(one-hundredth); deci-(one-tenth); mega- (1,000,000 x the base ); kilo-(1,000 x the base); hecto-(100 x the base); deka-(10 x the base).

The basic dimension of the metric system is the meter (approx. 3.28 feet). All dimensions of length may be expressed as variations of a meter: millimeter (mm), centimeter (cm), meter (m), or kilometer (km). To convert between the units, you need only move the decimal point to the right or left.

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The basic metric unit of land measurement is the hectare (abbreviated as ha.) a square with each side 100 meters long, covering an area of 10,000 square meters. A hectare is equivalent to 2.471 acres.

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