Legal Descriptions

Section: Legal Descriptions Estimated study time: 45 minutes Content: A valid deed in Massachusetts must include a full legal description of the real property being transferred. Legal descriptions identify the exact boundaries of a parcel of land with enough precision to distinguish it from every other parcel. Massachusetts, as one of the original thirteen colonies, primarily uses the metes-and-bounds system for property descriptions. Metes-and-bounds descriptions start at a definite point of beginning (POB), proceed in a specified direction and distance along each boundary line, and close back at the POB. The description uses compass bearings (degrees, minutes, seconds of arc), linear measurements (feet, rods, chains), and monuments (iron pins, stone walls, trees, or other permanent markers). Key measurement units used in Massachusetts legal descriptions: 1 rod = 16.5 feet; 1 chain = 66 feet (100 links); 1 acre = 43,560 square feet; 1 mile = 5,280 feet. These measurements appear in older deeds still commonly encountered in Massachusetts because much of the state's property was surveyed using colonial-era techniques. When a boundary is described using a monument (e.g., "an iron pipe set in the ground"), the monument controls over a measurement if there is a conflict — courts give priority to monuments, then courses and distances, then quantity (acreage), with the name of the grantee last. Understanding which element controls in case of conflict is a tested concept. The rectangular survey system (government survey system), which divides land into townships and sections, is rarely used in Massachusetts but is tested on the national portion of the real estate examination. This system uses principal meridians and base lines to divide land into 6-mile-square townships, each containing 36 one-mile-square sections of…