1. Clear and Unambiguous Description:
* Permanent and Identifiable Feature: The POB must be a fixed, durable, and readily identifiable feature on the ground. This could be a:
* Monument: A physical marker like a concrete monument, iron pipe, or stone.
* Natural Feature: A prominent tree, rock formation, or intersection of property lines.
* Artificial Feature: A corner of a building, a utility pole, or a man-made structure.
* Precise Location: The description must provide enough detail to locate the POB without ambiguity. This includes:
* Bearing and Distance: The direction and distance from a known reference point or other established features.
* Coordinates: Latitude and longitude coordinates, preferably in a standardized system like Universal Transverse Mercator (UTM) or Geographic Coordinate System (GCS).
2. Relationship to Other Features:
* Reference to Existing Survey Data: The POB should be linked to previously recorded surveys or existing monuments, whenever possible. This ensures its accuracy and ties it to the larger legal framework.
* Connections to Boundaries: The description should clearly state how the POB connects to other boundary lines, including bearings and distances to adjacent points.
3. Legal Compliance:
* State Laws: The legal description must comply with the specific requirements of the state where the property is located. Some states have strict rules about the format and content of legal descriptions.
* Recording Requirements: The description must be formatted correctly for recording with the local government, often in a specific legal document like a deed.
Example of a Correct POB:
"Beginning at a concrete monument marked with a metal cap bearing the inscription 'Smith Property Corner,' located at the intersection of the north line of Elm Street and the west line of Maple Avenue, as per the survey plat of John Doe, dated 2020."
Importance of a Correct POB:
* Property Ownership: A correct POB establishes the legal boundary of your property, preventing future disputes.
* Real Estate Transactions: A precise POB is essential for conveyancing (transfer of ownership), mortgages, and other real estate transactions.
* Boundary Disputes: If the POB is unclear, it can lead to boundary disputes, lawsuits, and expensive property line adjustments.
Recommendation:
Always rely on a qualified land surveyor to establish and document the POB for your property. They have the expertise and equipment to ensure its accuracy and compliance with legal requirements.