Breaking Down the Legal Description
Despite the somewhat poetic name, the topic of a "wattle" in a legal description is not a beautiful one. Wattles are natural features that are described as "a wall made of branches interwoven with twigs or thorny bushes." Wattles are meant to delineate the boundaries of a property. All of this would suggest that a legal description is somewhat of a literary device in which a surveyor uses words and phrases that sound almost archaic or poetic to describe a physical boundary of the land. As far as words and devices are concerned, such as the wattle, they are used as guiding tools in property law to describe what the land is or to clarify what it is not. Further complicating matters are the differences in language when drafting federal, state, and local codes. With this in mind, there are some key words that simply do not translate. As things can get hairy, and not only on a wattle, the courts do the most to bring in clarity.
Some examples of do’s and don’t’s for drafting a property’s legal description include:
• Utilizing the correct, proper words.
• Creating clarity.
• Respecting field standards.
• Following the local codes.
Legally, a probate court must follow the code provisions to clarify the prescribed boundaries of a property. Because of this and because the law deems the description as important , vagueness is typically discouraged. If a property deed or other instrument is lacking in the detail that is necessary for a clear definition of the limits, then it should be rejected by the court until the legal description is amended.
Courts do interpret a deed as having a certain meaning. Though the words and phrases might not completely translate from one legal writing to another, the typical interpretation usually suffices. Typically, the courts will find a common meaning for a word in determining the intent of the parties. A hard and fast rule, even so, for the interpretation of a land description in a deed does not exist. There are a number of exceptions that apply. For example, the words "thence" or "then" means that the course or direction then mentioned is to be followed from that point. If to the right or left, the meaning is clear. Likewise, if when a stream, creek, or river is mentioned as a boundary, reference is to be given to the bank that appears on the side of a person facing downstream. If there are no solid points of reference to determine directions other than perhaps an area map, this type of legal description will be deemed as too vague to satisfy the sheathing requirements.
Essential Components of a Wattle Description
If a property contains seeding wattles, the legal description must include its geographical location, physical characteristics, and boundary identification. First, the geographic character, which may be stated either in terms of township and range, or as a path of description from the nearest identifiable master location point, including a specific reference to the land’s location within that setting. This would include the usual description of allotment Lot_ in plan PS_ which includes enumeration of the nature of the license. Second, the physical characteristics, which may be expressed in terms of its physical presence, including a notion of its height, foliage density, quantity, or species. The latter may be intentionally generic and sub-classed, such as Casuarina subsp aff. glaucophylla setigera. Third, the boundary of the area must be clearly identified. Most Santals tend to exist in areas with very rich litter and soil conditions, although they occupy a very small footprint on the ground. They are a favourite of many songbirds in the area, especially cat-birds, crow-shrikes, rose and scarlet honeyeaters, magpies, and grey shrike-thrushes. This does not guarantee that the artist will show all species of Santalum that may exist in accordance with the ecological description.
Legal Terms and Language Used
The most common legal terms/phrases used in legal descriptions of wattles and/or that may impact legal descriptions of wattles include:
Beginning: Starting point. For example, "Beginning at a point 1 lineal foot northerly…"
Said: Used to refer back to something already mentioned. "Beginning at a point 1 lineal foot northerly as described in deed XX."
811.85 feet: The distance. A foot is the standard unit of measurement for this type of work. "Thence North 811.85 feet…"
More or less: Used to show that something could be greater or less than what’s stated. "Thence North 811.85 feet more or less to the beginning of said Certified Flat…"
Thence: Moving on to the next point. "Thence North 811.85 feet more or less to the beginning of said Certified Flat…"
Said: Used to refer back to the location being mentioned again. "Thence North 811.85 feet more or less to the beginning of said Certified Flat…"
(1 foot): The variation from standard. "N 0 degrees 10 minutes W 1 foot…"
(5 degrees): The variation from standard. "N 0 degrees 10 minutes W 1 foot…."
(18 feet): The variation from standard. "N 0 degrees 10 minutes W 1 foot…."
Point of reference: Anchor for the description of the property. "Thence Northerly 1,350 feet more or less…"
Distance: Distance from said point of reference. "Thence Northerly 1,350 feet more or less…"
More or less: The allowance for something being more or less than stated. "Thence Northerly 1,350 feet more or less…"
Southwesterly direction: A direction towards the southwest. "Thence Southwesterly 35.55 feet…"
Northeasternly direction: A direction towards the northeast. "Thence Northeasternly direction…"
Said point: Reiterating in context. "Said point bears north…"
Personal judgment: Never think beyond the description itself. "The project will require that, in his or her judgment, the extent to which the project or other biology runs into the area must be determined."
Hereinafter: To refer back to something already mentioned. "Hereinafter referred to as private property…"
Common Issues in Wattle Descriptions
When it comes to describing and locating wattles, the courts often have a limited understanding of the importance of this bank of trees to our ecology. More particularly, there appears to be little understanding of how the growth and development of a wattle bank may change over time and that the legal description used to describe such a bank may need to be qualified. If a tree bank is described in a legal document, it may be that a particular species of tree is referenced by its common name rather than scientific name. For example, a wattle bank may be described as the "Acacia decurrens". The weed invasion has not assisted the description of this species with some people describing the species as the "black wattle", which only adds a level of confusion. In other instances a bank may be described as consisting of "one hundred acacia". In this instance, little would seem to be wrong because this number is potentially very specific. However, over the course of five or 10 years, what was once a bank of 100 trees may increase in number and this description may require updating over time. Using the above examples, it would appear that such a wattle bank exists for posterity, however, as all good property owners know, nothing lasts forever, including our native vegetation. A tree bank may come under threat from weed invasion (as mentioned above) or disease and die out or be cleared for the sake of development. The bank that once was may eventually become no more.
Ensuring Accuracy for Legal Descriptions of Wattles
To write accurate legal descriptions of wattles, it is essential to obtain details on the exact location and parameters of every wattle placed on a property. This will involve conducting a thorough survey of the land using accurate mapping tools. It may be necessary to use Global Positioning System (GPS) instruments and to record this information on a computer. Once this is done, the description must be drafted and annotated with relevant information such as distances, direction , features of the landscape and any other information which is of use to a surveyor in preparing a plan. An accurate legal description will ensure that everybody — the property owner as well as any third parties — are on the same page about where the area of concern, in this case the water quality protection project is located. It will save a lot of hassle later down the line. In particular, the description should specify not just the outline of the area a wattle is to cover, but if there is more than one, including every single individual wattle, their size and every area they are to cover.
The Legal Significance and What Must be Done
Accuracy is the bedrock of property law and legal descriptions are crucial to understanding the extent of ownership and use rights. In a practical sense, errors in this context can create confusion not only for the owner but also for the public record. Considerations for actions on adjacent property, property tax law as well as potential claims of encroachment arising out of boundary definitions of the property may also arise. Issues can frequently relate to rights of access, easements for utilities and storm water runoff. In the case of agricultural lands, miscalculations can have the additional effect of substantially impairing agricultural operations and flooding estuarine and wetland areas by misplacing the location of protected resource areas. Theorieclimbs.com provides excellent information about the control of water runoff and the subsequent impact of improper grading. The legal description clause will act as a guide for determining the location of the property and the extent of rights to those properties, whether adjoining or separated by a distance. These factors require careful definition to help ensure proper use and to avoid disputes related to adverse possession and prescriptive easements as well as the lands covered by conservation and tides laws. Furthermore, poorly or inaccurately defined borders can hinder the implementation of programs designed to improve water quality and protect natural resources.
Case Law and Examples
One of the most notable case studies involving legal descriptions of wattles is the much publicized Tahoe Rim Trail Association v. United States Forest Service case from 2008. The case arose when it was discovered that a Tahoe forest service trail was running over a number of private properties, while a drier area of the forest – which presented substantially less environmental risk – was left untouched by the trail. For nearly 20 years after construction, the trail ran undisturbed with its pathway terminated in private property. When the error was finally discovered, it was revealed that surveyors had failed to mark the tracts appropriately; instead of utilize a detailed physical topographic map, the surveyors have used a set of straight lines in their physical description of the service road. As the case shows, there can be severe and lasting consequences of improper measurements or faulty surveys, particularly in an environmentally sensitive area.
Another infamous case was Toscano v . United States from 2013, in which a group of illegal squatters in Southern California had laid claim to a large tract of federal land that revolved around a small water reservoir. The land, owned by the federal government, had been intended for development into a new housing complex, but had been long-abandoned and vacant. In March 2013, the Environmental Protection Agency was made aware of the situation, and this led to an order for surveyors to measure the land and come up with an accurate description so that the legal boundaries could be determined.
The squatters, however, proved unyielding: when the surveyors arrived on-site in November of the same year, they were met with hostility and aggressive shouting from the squatters, who would not allow them to begin their work and blocked access to the property on numerous occasions. After 5 months of back-and-forth attempting to avoid confrontation, the surveyors, national guard, and environmental police were finally able to survey the lot and provided a description in July 2014. With a legal description now established for the land, its gates were opened to the developers and the squatters finally thwarted.