There are various types of legal description which you may encounter in deeds in Indiana. They may be found simpliciter^[1] or in combination with other types of legal description. If you end up working for a title company, you may end up required to sketch or draw a legal description; for the purposes of this book, we will focus upon learning about each type of legal description.

[1] Simpliciter means “simply” or “by itself.”

“Metes and bounds” is one of the oldest systems of describing land. Metes and bounds descriptions formed part of land descriptions in the original 13 colonies. Importantly, metes and bounds descriptions continue to be used, especially for tracts of land in the original 13 colonies, and for divisions of larger tracts in most states. The metes and bounds method uses markers and directions to determine the location and boundaries of a given piece of land. To borrow from a surveyor’s text:

Thus in the early days a piece of land would be described by starting at a point indicated by a certain tree, describing the tree, or by a certain artificial monument, then proceeding in a certain direction to another monument, and so on until the point of beginning. In this description would be found: first, a reference to monuments, natural or artificial; second, the distance traversed in going from monument to monument; third, the direction; and fourth, the quantity of land thus enclosed. These four were known as (1) monuments, natural and artificial, (2) measures, (3) courses, (4) quantity, and are sometimes referred to as the four “calls.”^[1]

So, a metes and bounds legal description might look something like the following:

Commencing at the intersection of the west line of Hampton  Road and the north line of Thompson Lane; thence west 200 feet along the north line of Thompson Lane; thence north 15° east to the center thread of buckskin Creek, being 175 feet more or less; thence easterly along the center line of said creek to its intersection with the west line of Hampton Road, being 220 feet more or less; thence southerly along the west line of Hampton Road to the point of beginning, being 160 feet more or less.

[1] Bays, Alfred W. The Law of Property including Estates and Wills, with Questions, Problems and Forms. 2nd ed. Chicago: Callaghan, 1922. 189. Print

The government survey is the second major type of land description found in the United States and is more formally known as the “Public Land Survey System,” or PLSS, or the rectangular survey system. This was set up, essentially, to provide a more uniform method of survey than a state-by-state hodgepodge, or a state-wide metes and bounds system.

This system is set up based upon boundaries running vertically and horizontally through states, called meridians (running north-south) and “base lines” (running east-west). The map located at the end of this chapter under Exhibit A will give you some idea of how these lines are set up within states in which they are used.

Naturally, we are focusing on Indiana, and the map from in the "About" PDF gives you a close-up of the meridian and base line found within Indiana.

As you may note, Indiana has two meridians running through it – a sliver of the 1^st Principal Meridian, and the entirely of the 2^nd Principal Meridian. From these baselines and meridians, we can locate property within the state based on legal descriptions which indicate how far north or south of the baseline, and how far east or west of the meridian, the property is located.  Lines running north and south are called “township lines” and east or west are called “range lines.”

So, in the map, T2N, R1E is a “township that is two north of the base line, and one east of the meridian. Township lines are six miles long, as are range lines. Therefore, each township is 36 square miles. It is important to note that these are NOT the same as political townships. Therefore, a unit like “T1E, R1E” is often referred to as a “survey township,” and is usually (though not always), comprised of 36 square miles. In 6.2.2.1, the PDF shows how Indiana is divided according to township and range blocks, statewide.

Each 1x1 mile block, each section, is composed of 640 acres, with ½ a section being (therefore) 320 acres, ¼ section 160 acres, and so forth. It is for this reason that one will often see farms and other properties divided into perfect squares. So, when you encounter legal descriptions locating some tract of land, they will often be written as follows: “The northeast quarter of the northwest quarter of the southwest quarter of Section 22.”

While a more in-depth discussion of the government survey is beyond the scope of this textbook, there are many resources online which may be located through search engines, to assist you with learning more.

“Lot and block” and “recorded plat” both refer to the creation of a series of numbered lots, described by map and number, which are located within a given larger legal description set apart by metes and bounds or PLSS. The vast majority of the time, you will be able to locate property on a recorded map when dealing with subdivision properties.

Often, when property is bought or sold, platted to make a subdivision, a structure is built, or there is a boundary dispute, a surveyor is hired by the parties to determine boundaries, size of the parcel, and so forth. A surveyor is, according to Black’s Law Dictionary, “One who makes surveys of land.”[1] Well, then, a survey is, “The process by which a parcel of land is measured and its contents ascertained; also a statement of the results of such survey, with the courses and distances and the quantity of the land.”[2]

These definitions are only a basic summation of the jobs in which a surveyor may be employed. Depending on what is happening with a particular parcel of land, a surveyor may be employed in a variety of ways. There are different kinds of survey; in the sections below, we will explore the more common and important types of surveys and when they might be used.

[1] Id.

[2] Id.

This is probably what most people think of (if they think of…) when they consider a survey. Borrowing from Wikipedia, a boundary survey is defined as a:

[S]urvey that establishes or re-establishes boundaries of a parcel using its legal description, which typically involves the setting or restoration of monuments or markers at the corners or along the lines of the parcel, often in the form of iron rods, pipes, or concrete monuments in the ground, or nails set in concrete or asphalt.[1]

Such a survey might be ordered when contesting boundaries of land with a neighbor, when purchasing a new property, determining the locations of easements, etc. So, for instance:

After the Willetts purchased the property in 2004, a dispute arose, and the Willetts believed they owned an additional 100 square feet of land adjacent to the south end of the Longs' easternmost parcel. The Willetts also desired to fence their property from the Mobile Home Park. Thus, they obtained a boundary survey, which did not initially include the presence of the access lid for the Longs' septic system that was located on the Willetts' property. However, after the Willetts noticed the lid, the survey was revised to account for the tank's location.^[2]

or:

The 2000 Banning boundary survey indicated that the West Boundary Line was further east than was previously shown on the 2000 Banning site plan, the 1996 Lewis site plan, and the Plot Diagram. The 2000 Banning boundary survey also showed the North Boundary Line as running south of the North Storm Sewer.^[3]

So, as you can see, a boundary survey has a variety of uses, and is probably one of the most common types ordered when a dispute concerning boundary location or encroachments^[4] arises.

[1] “Cadastral Surveying.” Wikipedia, Wikimedia Foundation, 8 July 2020, en.wikipedia.org/wiki/Cadastral_surveying.

[2] Willett v. Long, 873 N.E.2d 206 (Ind. Ct. App. 2007)

[3] Harlan Bakeries, Inc. v. Muncy, 835 N.E.2d 1018, 1027 (Ind. Ct. App. 2005)(internal citations omitted)

[4] This means, as it sounds, “To gain unlawfully upon the lands, property, or authority of another; as if one man presses upon the grounds of another too far.” Black’s Law Dictionary, 1^st Edition, pg. 419.

An “as-built survey” is, pursuant to Wikipedia:

[A] survey carried out during or immediately after a construction project for record, completion evaluation and payment purposes. An as-built survey is also known as a 'works as executed survey' and documents the location of the recently constructed elements that are subject to completion evaluation. As built surveys are often presented in red or redline and overlaid over existing design plans for direct comparison with design information.[1]

So, this sort of survey will often be found in the neighborhood of new building projects. This may also be used to prove to local bureaucratic elements that the newly-constructed building complies with local zoning requirements (such as “set-off”) and with previous plans submitted for approval. So, in cases, one will see:

On November 11, 1997, Bruce Lucas, Circuit City's in-house architect, determined that the project was substantially complete. On that day, Circuit City submitted a TIA application (“the application”) to American National. The application included a certificate of insurance, an executed indemnification agreement, an executed bill of sale, a certification from Lucas that the premises were substantially completed according to the plans and specifications, and an “As Built Survey.” (Appellant's App. at 128.) The application did not include a certificate of occupancy. Circuit City believed that it had met the requirements for the TIA on November 11, 1997.^[2]

In addition to completely new builds, such surveys might be used when additions to a current building are planned.

[1] “Surveying.” Wikipedia, Wikimedia Foundation, 5 Jan. 2021, en.wikipedia.org/wiki/Surveying#Types.

[2] Circuit City Stores, Inc. v. Am. Nat. Ins. Co., 779 N.E.2d 62, 64 (Ind. Ct. App. 2002)

“ALTA” stands for “American Land Title Association,” while “ACSM” stands for “American Congress on Survey and Mapping.” This type of survey has certain stringent requirements imposed to be acceptable for title insurance purposes. The most recent standards were promulgated in 2011, an update from standards previously published in 2005. While the standards are too lengthy to be published here, it is enough to note that they have extensive requirements regarding paperwork and record keeping, comparison of the paper record to the situation “on the ground,” updating the existence and appearance of monuments, etc.