1. © 2018 Kenneth Dedrick, PS

2. Legal Descriptions Presented by: Kenneth J. Dedrick, PS Licensed in: KS, MO, NE, IA, TN

3. “Yesterday’s land descriptions are the cause of today’s boundary problems” - Paul Cuomo & Roy Minnick

4. Ownership and Transfer of Real Property Sources of title Chain of Title Written transfers (Statute of Frauds) Purpose of legal descriptions – Gives Notice – Conveys Intent

5. Constructive Notice Notifies Parties 1 st /2 nd /3 rd … – Who owns what interests/rights Prevents conflict Allows proper taxation Creates a chain of records Accomplished by recordation of deeds

6. Intent of the parties As evidenced by their written contract (the deed) – Words change meaning over time Not allowed to go beyond that deed unless additional documents are called for Limitations to their intent: – Selling what they do not own – Junior/senior rights – Unwritten rights – Court orders

7. Common Types of Description Systems Reference* – Described wholly by a previously recorded document; plat, map, survey or deed Lot and Block* – Lot or Lot & Block Number of a recorded subdivision Bounds* – Entirely by “calling” the adjoining parcels or features Public Land Survey System – Section, Township, Range and any aliquot part thereof Metes – Described entirely by direction and distance Strips – Commonly used to describe roadways or easements “ly” – Describes a portion of another description, ie. “Northerly ½ of…”

8. What is a Description Defines a specific parcel of land, to the exclusion of all others Must be prepared in such a manner that it can be fixed in only one place on the Earth’s surface Parts of a Description – Caption – Body – Qualifying Statements – Conclusion

9. Description Structure A parcel of land located in the SW1/4 of Section 14, Township 08 South, Range 22 East of the Sixth Principal Meridian, Leavenworth County, Kansas more particularly described by Kenneth Dedrick, PS-1067 on this 11 th Day of November 2015 as follows: BEGINNING at a 4”x18” Limestone at the SW Corner of said Section 14, as called for in the GLO Notes found in the Leavenworth County Surveyors Office, thence North 45°East (this and all following bearings are based on the Kansas State Plane Coordinate system 1983, North Zone), a distance of 100 feet to a ½”x24” rebar with a CLS-20 cap; thence South 45° East, a distance of 100 feet to a point on the South line of said Section 14; thence Westerly along Said South line, 150 feet more or less to the point of BEGINNING. EXCEPT any portion lying within the right-of-way of US-69 Highway as it now exists. Subject to a power line easement recorded in Book 12 of Deeds, Page 315. TOGETHER with a 20 foot wide right of ingress/egress from said Highway 5 centered at a point on said right-of-way 100 feet East of the Southwest Corner of said Section 14. The above described parcel contains 0.221 acres, more or less. Qualifying statements Caption Augmentation/Conclusion Body

10. Caption General location and title identity (all applicable items) – City – County – State – Subdivision (with recording data) – Public Lands Designation Section, Township, Range, Prime Meridian – Land Grant or Rancho (Leagues & Labors) – Court Record or other document – Date of Creation – Land Surveyor responsible for Creation

11. Body Defines the parcel “in particular” and contains controlling calls such as: Point of Commencement Point of Beginning (sometimes called True POB) Courses of Travel Basis of Bearing (Can be Augmenting) Calls for Adjoiners Area (Can be Augmenting)

12. Qualifying Statements Take Back / Retain / Restrict – Except the... – Excepting there from… – Less… – Subject to… An Easement… All Easements of Record… All Covenants/Restrictions… ETC…

13. Augmenting Statements Add to the parcel A Right or Privilege – Together With… – And… – Also… Area or Basis of Bearings

14. Units of Measurement 1 Chain………. 66ft = 100 Links 1 Link………… 0.66ft 1 Rod………… 16 ½ ft 1 Pole……… 1 Rod 1 Acre… 43,560 ft 1 in… 0.08333ft 1 Foot (US)… 0.30480061 Meter 1 Meter… 3.28083333 (US ft) 1 Meter… 3.281 (SI ft) 1959 1”=2.54cm

15. Units of Measurement I’ve Known but Never Trusted 1 Chain………. 66ft 1 Link………… 0.66ft 1 Rod………… 16 ½ ft 1 Vara….. 33.372in FL 1 Vara….. 33.333in TX 1 Arpent… 0.8507ac AR,MO 1 Arpent… 0.84625ac MS,AL,FL 1 Arpent… 0.845ac LA 1 Arpent… 30 Toises 30 Toises… 1000 French feet 1000 French ft… 1065.75ft 1 Barlycorn... 1/3in 1 Line…………. 1/8in LA 1 Perch……….. 18ft 1 Pole……… 1 Rod or 1 Perch 1 Out… 10 ½ Chain 1 Arpent Sq… 192.5ft AR,MO 1 Arpent Sq… 191.994ft MS,AL,FL 1 Pace… ??? (A Step) 1 Yell… distance one can be heard 1 Smoke…Distance covered while smoking a cigarette riding a slow walking horse

16. Basis of Bearings Issues Traditionally not stated: leaves room for interpretation, and misinterpretation Many states require Basis of Bearing statements on plats and/or legal descriptions Magnetic. Changes over time. What was it at the time of creation? Dangers of presumed Basis of Bearing

17. Reality of Measurements Until very recently, measurements were not very repeatable Our laws reflect this issue Even now, differing datums, improper use of GPS, improperly monumented or referenced points, and the basic element of human error still prevent us from having perfect measurements Thus we are still bound to our bounds……. Not our metes

18. Errors and Reality There are no perfect measurements Sources of measurement error – Human – Instrument – Outside influences – The record is the intent

19. USPLSS Township

20. 20 Section Breakdown SW ¼ NW ¼ SE ¼ NE ¼

21. 21 Deed 639’ Senior/Junior Rights “First in time, first in right” SW 1/4 Meas. 659’ S/½ S/½ N ½ N/½ N ½ Deed 1158.87’ 17 AC E 7 AC W 17 AC

22. Some Helpful Tips for Writing Assumptions can make gaps or overlaps Unclear lines of division Basis of Bearings issues Excepting and reserving Subject to….. Words are very important Is the intent clear Is it their intent Do they have the right to intend it

23. Doctrine of Merger One Massachusetts case sums up this concept in a very succinct manner: “the doctrine of merger requires that a servitude terminates when all the benefits and burdens come into a single ownership.”1 In other words, you can’t have an easement over yourself to yourself.

24. Kansas Supreme Court No. 100,733 & 110,309 In 1952, Stroda, purchased Douglas County farm ground containing an occupied residence: They were allowed an easement across neighboring farm ground, the Southwest Quarter (SW 1/4). In 1957, bought and joined both tracts under single ownership, and by the doctrine of merger, extinguished the easement. Joint tenancy requires four unities—interest, title, time, and possession.

25. Exercise 1

26. Exercise 2 W ½ NW ¼ SW ¼ E ½ SE ¼ N ½ S ½ NW ¼ NW ¼ NE ¼ NW ¼

27. Exercise 3 ITB

28. Issues of Note State Law deals with roadways differently – Roads are usually held as easements unless platted – Excepting roadways & easements Describing platted lots – Changes meaning and intent K.S.A. 12-512b – Vacation of plats and other public reservations

29. End of Lecture Questions Kenneth Dedrick, PLS dedrick@kveng.com 913.894.5150