Metes and bounds | land description | btcmu.info
This is what is known as partition by metes and bounds. At the time of partition provision should be made for meeting the claims of noncoparceners who have. Metes and bounds definition, the boundaries or limits of a piece of land. See more. Metes and bounds are the boundary lines of land, with their terminal points and angles. It is a way of describing land by listing the compass directions and.
The description might refer to landmarks such as the large oak tree which could die, rot and disappear; or be confused with a different tree that had grown over time. Streams might dry up, meander or change course. Man-made features such as roads, walls, markers or stakes used to mark corners and determine the line of the boundaries between corners may have been moved.
As these features move, change and disappear over time, when it comes time to re-establish the corners along the line of these boundaries for sale, subdivision, or building construction it can become difficult, even impossible, to determine the original location of the corner.
In the metes and bounds system, corners, distance, direction, monuments and bounds are always carried back to the original intent regardless of where they are now. Court cases are sometimes required to settle the matter when it is suspected the corner markers may have been moved. These kinds of problems caused the United States to largely replace this system except in the east.
The eastern, or original states, continue to use the metes and bounds surveys of their founders.
Metes and bounds
History of use in the United States[ edit ] This system was imported to the original colonies that formed the United States. It is also used in some states that were previously part of one of the Thirteen Coloniesor where land was allocated before Because Texas was an independent republic prior to statehood, its land system is primarily metes and bounds. Election constituency boundaries continue to be described by the use of metes and bounds, even in jurisdictions where land plats are not otherwise based upon metes and bounds.
Such mapping generally uses streets and their intersections to define the boundaries of election districts, wards, precincts, inter alia. It is therefore said that the claims set out the metes and bounds see, e. As a deed might describe a parcel of land, a patent claim carves out systems, methods, etc.
Inwhen a piece of land was sold to Byrd Pattonthe legal description of that land did not contain metes and bounds. On April 6,Byrd transferred the land to Ralph Patton.
Metes & Bounds vs. Public Lands
Ralph passed away inwhereupon the land was transferred to Ruth Martin. The legal description at that time had not been updated to include metes and bounds. Westbrook, to survey the land forming the property line between lot 76 and lot Westbrook marked out with iron stakes the boundary lines that he had measured. Inthe land was surveyed again, however the boundary lines were significantly different than those that had been drawn during the survey.
Another survey was done inwhereupon it was learned that all three surveys drew different boundary lines for the property. It was therefore impossible to tell which boundary lines were correct. Martin then decided to bring a lawsuit to quiet title to this particular parcel of land. The jury, upon being given all three property lines on which to decide, ultimately chose the boundary line that was drawn in the survey. At trial, Warren L. This was despite the fact that the property contained both manmade and natural physical boundaries.
Performing such calculations would, according to Storey, reveal the true dividing line between lots 76 and Ultimately, the jury chose the survey line.
Storey testified that the land lot line was not the boundary, notwithstanding that the deeds used the land lot line as the boundary between Land Lots 76 and Since such opinion is contrary to the law as to the determination of boundary lines by disregarding that each deed located the tract as existing exclusively in one land lot and recognizing the definite boundary as the land lot line, and since Storey admits that the land lot line was correctly determined by the Westbrook survey of and the Mitchell survey ofthen there was no probative evidence to support the jury verdict and judgment decreeing the boundary line as set forth in the verdict.
Metes and Bounds Law and Legal Definition
The trial court erred as a matter of law in entering the judgment. Land Survey — The science of determining the terrestrial positions of points, as well as the distances and angles between them. Republic — A state in which the power is held by the people and their elected representatives.