introduces the concept of property boundaries and the importance that these boundaries play in modern real estate

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introduces the concept of property boundaries and the importance that these boundaries play in modern real estate practice. After providing a brief history of the law of establishing and maintaining property boundaries, the text examines in detail the legal requirements for property descriptions in modern deeds. The material shows how legal descriptions can rely not only on metes and bounds, but also by reference to other legal documents, including plats and other deeds. The chapter also examines the legal consequences of ambiguity in property descriptions by discussing both patent ambiguity and latently ambiguous property descriptions. In addition to discussing the legal consequences of property descriptions, the actual methods used to create property descriptions are also examined in detail. From tract indexing to Torrens registration, the chapter examines various methods used in parts of the country to do an accurate system of land reference. Finally, the chapter concludes with a discussion concerning the impact of water rights on property boundaries and the rights of real estate owners.

A basic outline of the topics in the chapter is as follows:I. Introduction

II. The History of Property Boundaries

III. Property Descriptions in Deeds

A. The Elements of a Valid Property Description

B. Legal Requirements for Property Descriptions in Deeds

C. Referring to Other Documents to Prove Property Boundaries

D. Litigating Property Boundaries

E. Ambiguous Property Descriptions

1. Patent Ambiguities

a. Parol Evidence and Property Descriptions

2. Latently Ambiguous Property Descriptions

IV. Metes and Bounds Descriptions

A. Drafting Metes and Bounds Descriptions

B. Using Technology to Help with Metes and Bounds Drawings

V. Other Methods to Describe Property: Government Survey System

A. Tract Indexing

B. Plats

C. Torrens Registration

VI. Water Rights

A. The Right to Use Water

1. Court Doctrines that Affect Water Rights

B. Natural Forces that Affect Property Boundaries

1. Accretion

2. Erosion

3. Avulsion

4. Reliction

C. Water and Property Boundaries

1. Navigable waters

2. Non-navigable water

One of the most important aspects of real property is the ability to identify a particular parcel that is being transferred. Property descriptions are a way to show how a tract of real property is specific and unique. There are several methods used in the United States to describe real property, including the use of metes and bounds descriptions to describe property boundaries. A metes and bounds description is a listing of the distance and direction of each of the boundary lines such that any described parcel may be drawn precisely.

There are many rights that arise directly from ownership of real estate. Among these rights are riparian, or water, rights. Water rights not only include the ability to draw water for use, but they also define how a property's boundaries may change over time by the natural forces that water exerts on the land. Through erosion, accretion, avulsion, or reliction, a landowner's property boundaries may change.

To apply what you've learned:

1. Given that metes and bounds descriptions have been around for centuries, is there a better or more preferable way of describing property? If you have the power to change the law, how would you?

2. Based on what you have learned about the various methods used to describe real property, should all states be required to follow the same system? If so, which system would you advocate?

Answer your questions COMPLETELY. Explain your position. Cite to an independent source to support your answer. Do NOT forget your citations. I will deduct points