A person working with legal descriptions must ascertain the characteristic features of the whole lot before plotting the "part" description. That is, determine whether the whole lot is square or rectangular with lines due north and south, east and west, or if it is odd-shaped with various courses describing the boundary lines.
In any lot where the property in question is a "part," determine whether boundary lines are westerly, northerly, etc.
Rules for determining directional characteristics of boundary lines follow:
- If the bearing or course of a boundary line is 20 degrees or less from due north or south, that boundary line is an easterly or westerly boundary depending on whether it is on the easterly or westerly portion of the lot.
- If the bearing of a boundary line is 70 degrees or more from north or south, it is a northerly or southerly boundary line depending on whether it is on the northerly or southerly portion of the lot.
- If the bearing of a boundary line is between N 20°E and N 70°E or S 20°WS 70°W, it is a northwesterly or southeasterly boundary line depending on whether it is on the northwesterly or southeasterly portion of the lot. If the bearing of a boundary line is between N 20°W and n 70°W or S 20°E and S 70°E, it is a northeasterly or southwesterly boundary line depending on whether or not it is on the northeasterly or southwesterly portion of the lot.
Care must be exercised to measure part lot descriptions from the true lot lines. Normally, a lot on a map is the area bounded by solid lines that coincide with the side lines of adjoining streets or alleys; the dimensions of the lot are measured along such dot lines. If streets are dedicated after filing of a map by conveyance or condemnation of a portion of a lot, the original recorded lot lines are not changed by subsequent vacation of a street shown on the map; the lot lines remain as they are shown on the map.
Occasionally, however, recorded maps may carry recitals indicating that lot lines are considered to be the center lines of adjoining streets. For example, a map may read, "areas and distances measured from street centers." In such cases, descriptions of portions of the lot should specify whether measurements are to be made from the side lines or from the center lines of streets. In the absence of such specifications, areas and distances may be computed to either side or center lines of streets, depending upon such circumstances as intention of the parties, possession, etc.
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Sketch showing lot with streets deeded after lot was recorded. Lot lines never change. |
Sketch showing recorded lot with lot dimensions and acreage to street centers. |
When lots or parcels are divided, consideration should not only be made of boundary characteristics, but also how the lot was or is to be cut. The property description should include what the customer desires and should be technically correct. The following examples will point out most of the situations normally encountered in dealing with part lot descriptions.
