Bearing Reference in Legal Descriptions
On a couple occasions my boss has suggested including a bearing reference in a legal description.
Along the lines of:“Commencing at the east 1/4 corner of said section thence <brg>, along the east line of said 1/4, <dist> to the ne corner of said section;
thence <brg> <dist> to the point of beginning of the parcel to be described;
That made me realize that I very rarely have encountered such a thing much less wrote it into a legal description I’ve made. Nearly all descriptions I encounter commence at a single section corner then make their way to the POB without necessarily calling out any bearing along a section line.
I’d say about 25% of descriptions I encounter and write inadvertently call out a bearing along a section line because it makes sense to follow that particular line for whatever distance (usually short of the full length of the 1/4 line). But a vast majority commence at a section corner then just take a wild bearing to the POB.
I do however include a bearing reference to a section line on all maps.
Seems like the addition of that one additional call is well worth the ink.
What are your thoughts, practices, encounters?
I will reference the basis of bearings at the end of the description along with the basis of distances. Using an established line as the basis isn't a bad idea, especially if you don't have the ability to put the survey on a global type of system such as SPC, UTM, "True North".
Descriptions are a mix of defined legal terms, title history, old wives tales, personal preference, and the abuse of the english language.
A basis of bearings is helpful and should be included in most M and B descriptions. Proper calls to natural and artificial monuments are much more important.
In other notes:
The word said should not be used except in reference to a qualified term used in the previous sentence. It is a short form of "the aforesaid". An example is, 'Commencing at the northeast 16th corner of Section eight, thence along the north 16th line of said section". If the folliwing line refers to section eight, the term 'said' should not be used.
Style is one thing, but abuse of defined terms in legal documents is another.
My .02, Tom
I always use bearings in my legals. As well as to calls, monument calls etc. Bearings will give the reader or surveyor a good angular comparison between the lines for searching purposes as well as a check of their final calculations.
My advice would just be plagiarism of Wattles. The only departures from his excellent text, might be that, due to peculiarities of NC, I tend to include metadata of my GNSS tie to grid and two sets if coordinates.
I've never written a aliquot description but if I did, I'd bastardize it with some bearings in a heartbeat. I might even add a coordinate pair or two.