Chapter 21 : Legal Descriptions

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

CHAPTER 21: LEGAL DESCRIPTIONS

Standard 21.1 Types of Legal Descriptions

The law recognizes four types of legal descriptions: (1) metes and bounds descriptions; (2) survey descriptions; (3) combinations of (1) and (2); and (4) descriptions from plats.

Standard 21.2 Presumption

For purposes of this section, a reference to a conveyance means any instrument containing a legal description, including, without limitation, warranty deeds, quitclaim deeds, correction deeds, mortgages, easements, deeds of trust, court orders and affidavits.

Standard 21.3 General Principle

A conveyance must only describe the land with sufficient certainty to identify the land, and it will not be held void if, by any reasonable construction, the land can be iden-tified.²⁹⁸ If descriptive words furnish a key to the identification by other proof, nothing more is required.²⁹⁹ In determining what property is intended, the court should assume the position of the parties, aided by extrinsic evidence.³⁰⁰ The description contained in a voidable instrument may be reformed.

Standard 21.4 Part and Fractional Descriptions

The words "fractional" and "part" are not synonymous.³⁰¹ The use of the word fractional means that there is more or less land than is usually contained in a governmental subdivision and describes all of the land in that subdivision, unless otherwise limited.³⁰² For example, "the Northeast Fractional Quarter of the NE1/4" is a valid description indicating that it may not be a full forty acre tract.

The use of the word "part" invalidates a description for uncertainty unless the description continues and specifically describes the precise part intended.³⁰³ For instance, the description "part of the SW1/4 SW1/4 Section 28, Township 3 North, Range 29 West, containing 5 acres, more or less" is invalid as to that particular tract. This is true even though the description continues to describe the land by a certain name or gives the adjoining tract known by a certain name.³⁰⁴

Standard 21.5 Effect of Partial Descriptions

A partial description that is void is not color of title that will extend possession of one having an enclosure on the land to the limit of the land attempting to be described.³⁰⁵ Likewise, where land is attempted to be conveyed under a void partial description, a subsequent purchaser for value is not charged with notice of the prior void partial description.³⁰⁶

A void partial description will not invalidate another otherwise valid legal description in the same instrument.³⁰⁷

A tax assessor's parcel number included as part of a void partial description will not serve to validate the description.³⁰⁸

Standard 21.6 Acreage

An incorrect statement of acreage in a conveyance does not affect the validity of the description.³⁰⁹ The words "more or less" are words of precaution but do not otherwise control.³¹⁰ A deed calling for 100 acres but describing a tract that contains 253.93 acres conveys the entire 253.93 acres.³¹¹

Standard 21.7 Failure to Close

A legal description that does not close is defective, making the instrument voidable.

Standard 21.8 Point of Beginning

A legal description that does not define the point of beginning with certainty is void.³¹²

Standard 21.9 Excepted Descriptions

An exception in a legal description must follow the same rules of clearness of description or the exception language will not be valid.³¹³

Standard 21.10 County Name

A legal description does not need to contain the name of the county if it contains the correct section, township, and range.³¹⁴

Standard 21.11 Lots and Blocks

Platted lots may be conveyed by numbers corresponding with the plat.³¹⁵

Standard 21.12 Reference to Other Documents

A description may be established by reference to another recorded instrument; however, enough information must be given to establish the identity of such instrument, such as the recording information, grantors' names, grantees' names, and the date of the instrument.³¹⁶ This practice should...