Metes and bounds
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Metes and bounds is a system or method of describing land, 'real' property (in contrast to personal property) or real estate. The system has been used in England for many centuries, and is still used there in the definition of general boundaries. By custom, it was applied in the original 13 colonies that became the United States, and in many other land jurisdictions based on English Common Law.[1]
Typically the system uses physical features of the local geography, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel of the land in sequence, from a point of beginning, returning back to the same point. It may include references to other adjoining parcels of land (and their owners), and it, in turn, could also be referred to in later surveys. At the time at which the description is compiled, it may have been marked on the ground with permanent monuments placed where there were no suitable natural monuments.
The term 'metes' refers to a boundary defined by the measurement of each straight run, specified by a distance between the terminal points, and an orientation or direction. A direction may be a simple compass bearing, or a precise orientation determined by accurate survey methods. The term 'bounds' refers to a more general boundary description, such as along a certain watercourse, a stone wall, an adjoining public road way, or an existing building.
The system is often used to define larger pieces of property (e.g. farms), and political subdivisions (e.g. town boundaries) where precise definition is not required or would be far too expensive, or previously designated boundaries can be incorporated into the description.
A typical description for a small parcel of land would be: "From the point on the north bank of Muddy Creek one mile above the junction of Muddy and Indian Creeks, north for 150 yards, then northwest to the large standing rock, west to the large oak tree, south to Muddy Creek, then down the center of the creek to the starting point."
In many deeds, the bearing is described not by a degree measure out of 360 degrees, but instead by indicating a direction north or south (N or S) followed by a degree measure out of 90 degrees and another direction west or east (W or E). For example, such a bearing might be listed as "N 42°35' W", which means that the bearing is 42°35' counterclockwise (to the west) from north. This has the advantage of providing the same degree measure regardless of which direction a particular boundary is being followed; the boundary can be traversed in the opposite direction simply by exchanging N for S and E for W. In other words, "N 42°35' W" describes the same boundary as "S 42°35' E", but is traversed in the opposite direction.
In some older deeds, boundary lengths are listed in rods or poles instead of feet or meters. Rods and poles are equivalent measures equaling 16.5 feet.
Some courts have established a list of priorities to resolve inconsistent descriptions. In descending order starting with the most reliable: (1) natural monuments, (2) artificial monuments, such as roads, and marked or surveyed lines, (3) adjacent tracts or boundaries, (4) courses or directions, (5) distances, and (6) area or quantity.[2]
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[edit] Use in the United States
This system was imported to the original colonies that formed the United States. It is also used in some states which were previously part of one of the Thirteen Colonies, or where land was allocated before 1785. These include West Virginia, Kentucky, Maine, Tennessee and Vermont.
[edit] Difficulties
Once such a survey is in place, tradition and long use establish the boundaries. 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 or change course. Man-made features such as roads, walls, markers or stakes may also have been used to determine the real boundaries. But these features move, change and disappear over time. When it comes time to re-establish these boundaries (for sale, subdivision, or building construction) it can become difficult, even impossible, to determine the original location of the boundary. Court cases are sometimes required to settle the matter.
These kinds of problems caused the United States to largely replace this system. Beginning with the Land Ordinance of 1785, it began a transition to the Public Land Survey System (PLSS) used in the central and western states. The eastern, or original states, continue to use the metes and bounds surveys of their founders.
[edit] Notes
- ^ Cribbet, Johnson, Findley, and Smith. Property, Cases and Materials, (8th ed 2002, Foundation Press)
- ^ Stoebuck & Whitman, The Law of Property 827 (3d ed. 2000)
