Metes and bounds
Encyclopedia
Metes and bounds is a system or method of describing land, real property
(in contrast to personal property) or real estate
. The system has been used in England
for many centuries, and is still used there in the definition of general boundaries. By custom, it was applied in the original Thirteen Colonies
that became the United States
, and in many other land jurisdictions based on English
common law
.
Typically the system uses physical features of the local geography
, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel in sequence, from a point of beginning
, returning back to the same point. It may include references to other adjoining parcels (and their owners), and it, in turn, could also be referred to in later surveys. At the time the description is compiled, it may have been marked on the ground with permanent monuments placed where there were no suitable natural monuments.
The term "metes" refers to a boundary defined by the measurement of each straight run, specified by a distance between the terminal points, and an orientation or direction. A direction may be a simple compass bearing, or a precise orientation determined by accurate survey methods. The term "bounds" refers to a more general boundary description, such as along a certain watercourse, a stone wall, an adjoining public road
way, or an existing building.
The system is often used to define larger pieces of property (e.g. farms), and political subdivisions (e.g. town boundaries) where precise definition is not required or would be far too expensive, or previously designated boundaries can be incorporated into the description.
The sequence begins with an identified corner serving as benchmark, then gives distance, direction and various boundary descriptions as if one were walking the bounds pacing off the distance to the next corner where there is a change of direction. Generally where watercourses form part of the bounds their meander is taken as a straight line between the established corners and their monuments.
In many deeds, the bearing
is described not by a clockwise degree measure out of 360 degrees, but instead by indicating a direction north or south (N or S) followed by a degree measure out of 90 degrees and another direction west or east (W or E). For example, such a bearing might be listed as "N 42°35' W", which means that the bearing is 42°35' counterclockwise (to the west) from north.
This has the advantage of providing the same degree measure regardless of which direction a particular boundary is being followed; the boundary can be traversed in the opposite direction simply by exchanging N for S and E for W. In other words, "N 42°35' W" describes the same boundary as "S 42°35' E", but is traversed in the opposite direction.
In most distance measures, especially those in older deeds and where measuring distances over a furlong, boundary lengths are listed in rods
or poles instead of feet or meters. Rods and poles are equivalent measures equaling 16.5 feet. There are four rods in one chain. The old English surveyors actually carried chains 66 feet in length with which to measure lengths, as well as poles 16.5 feet long, and many older legal descriptions of real estate in the United States are given in chains and poles.
. In other places references to the official borders of towns, counties, states and even the U.S. may have changed. Compass directions always have to be tied to a table of annual deflections because magnetic north is constantly changing. The description might refer to landmarks such as the large oak tree which could die, rot and disappear; or be confused with a different tree that had grown over time. Streams might dry up, meander or change course. Man-made features such as roads, walls, markers or stakes used to mark corners and determine the line of the boundaries between corners may have been moved. As these features move, change and disappear over time, when it comes time to re-establish the corners along the line of these boundaries (for sale, subdivision, or building construction) it can become difficult, even impossible, to determine the original location of the corner. In the metes and bounds system, corners, distance, direction, monuments and bounds are always carried back to the original intent regardless of where they are now. Court cases are sometimes required to settle the matter when it is suspected the corner markers may have been moved.
These kinds of problems caused the United States
to largely replace this system except in the east. Beginning with the Land Ordinance of 1785
, it began a transition to the Public Land Survey System
(PLSS) used in the central and western states. The eastern, or original states, continue to use the metes and bounds surveys of their founders.
, or where land was allocated before 1785. These include West Virginia
, Kentucky
, Maine
, Tennessee
and Vermont
.
s that define the protected aspects. It is therefore said that the claims set out the metes and bounds (see, e.g. in United States patent law
, Manual of Patent Examining Procedure
§ 2173.05(a)) for the protected invention. As a deed might describe a parcel of land, a patent claim carves out systems, methods, etc. that are infringed
by something meeting every single one of the claim features. Moreover, an applicant must present an argument for patentability
(or, in the United States, an argument against a prima facie case of non-patentability) based only on features found within the claims. The requirement to clearly define the metes and bounds of a claim is found in United States patent law at least at 35 U.S.C. 112, second paragraph, which states, "[t]he specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
(in contrast to personal property) or real estate
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
. The system has been used in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
for many centuries, and is still used there in the definition of general boundaries. By custom, it was applied in the original Thirteen Colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
that became the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and in many other land jurisdictions based on English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
.
Typically the system uses physical features of the local geography
Geography
Geography is the science that studies the lands, features, inhabitants, and phenomena of Earth. A literal translation would be "to describe or write about the Earth". The first person to use the word "geography" was Eratosthenes...
, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel in sequence, from a point of beginning
Point of Beginning
The point of beginning is a surveyor's mark at the beginning location for the wide-scale surveying of land.An example is the Beginning Point of the U.S. Public Land Survey that led to the opening of the Northwest Territory, and is the starting point of the surveys of almost all other lands to the...
, returning back to the same point. It may include references to other adjoining parcels (and their owners), and it, in turn, could also be referred to in later surveys. At the time the description is compiled, it may have been marked on the ground with permanent monuments placed where there were no suitable natural monuments.
The term "metes" refers to a boundary defined by the measurement of each straight run, specified by a distance between the terminal points, and an orientation or direction. A direction may be a simple compass bearing, or a precise orientation determined by accurate survey methods. The term "bounds" refers to a more general boundary description, such as along a certain watercourse, a stone wall, an adjoining public road
Road
A road is a thoroughfare, route, or way on land between two places, which typically has been paved or otherwise improved to allow travel by some conveyance, including a horse, cart, or motor vehicle. Roads consist of one, or sometimes two, roadways each with one or more lanes and also any...
way, or an existing building.
The system is often used to define larger pieces of property (e.g. farms), and political subdivisions (e.g. town boundaries) where precise definition is not required or would be far too expensive, or previously designated boundaries can be incorporated into the description.
Usage
A typical description for a small parcel of land would be: "beginning with a corner at the intersection of two stone walls near an apple tree on the north side of Muddy Creek road one mile above the junction of Muddy and Indian Creeks, north for 150 rods to the end of the stone wall bordering the road, then northwest along a line to a large standing rock on the corner of John Smith's place, thence west 150 rods to the corner of a barn near a large oak tree, thence south to Muddy Creek road, thence down the side of the creek road to the starting point."The sequence begins with an identified corner serving as benchmark, then gives distance, direction and various boundary descriptions as if one were walking the bounds pacing off the distance to the next corner where there is a change of direction. Generally where watercourses form part of the bounds their meander is taken as a straight line between the established corners and their monuments.
In many deeds, the bearing
Bearing (navigation)
In marine navigation, a bearing is the direction one object is from another object, usually, the direction of an object from one's own vessel. In aircraft navigation, a bearing is the actual compass direction of the forward course of the aircraft...
is described not by a clockwise degree measure out of 360 degrees, but instead by indicating a direction north or south (N or S) followed by a degree measure out of 90 degrees and another direction west or east (W or E). For example, such a bearing might be listed as "N 42°35' W", which means that the bearing is 42°35' counterclockwise (to the west) from north.
This has the advantage of providing the same degree measure regardless of which direction a particular boundary is being followed; the boundary can be traversed in the opposite direction simply by exchanging N for S and E for W. In other words, "N 42°35' W" describes the same boundary as "S 42°35' E", but is traversed in the opposite direction.
In most distance measures, especially those in older deeds and where measuring distances over a furlong, boundary lengths are listed in rods
Rod (unit)
The rod is a unit of length equal to 5.5 yards, 5.0292 metres, 16.5 feet, or of a statute mile. A rod is the same length as a perch or a pole. In old English, the term lug is also used.-History:...
or poles instead of feet or meters. Rods and poles are equivalent measures equaling 16.5 feet. There are four rods in one chain. The old English surveyors actually carried chains 66 feet in length with which to measure lengths, as well as poles 16.5 feet long, and many older legal descriptions of real estate in the United States are given in chains and poles.
Resolving inconsistencies
Some courts have established a list of priorities to resolve inconsistent descriptions of corners. In descending order starting with the most reliable: (1) natural monuments, (2) artificial monuments such as roads and marked or surveyed lines, (3) adjacent tracts or boundaries, (4) courses or directions, (5) distances, and (6) area or quantity.Difficulties
Once such a survey is in place, the corners may have to depend on tradition and long use to establish the line along the boundaries between them. In some areas where land was deeded before 1693 the lengths given predate the changes to the length of the furlong and mile by Queen Elizabeth IElizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. In other places references to the official borders of towns, counties, states and even the U.S. may have changed. Compass directions always have to be tied to a table of annual deflections because magnetic north is constantly changing. The description might refer to landmarks such as the large oak tree which could die, rot and disappear; or be confused with a different tree that had grown over time. Streams might dry up, meander or change course. Man-made features such as roads, walls, markers or stakes used to mark corners and determine the line of the boundaries between corners may have been moved. As these features move, change and disappear over time, when it comes time to re-establish the corners along the line of these boundaries (for sale, subdivision, or building construction) it can become difficult, even impossible, to determine the original location of the corner. In the metes and bounds system, corners, distance, direction, monuments and bounds are always carried back to the original intent regardless of where they are now. Court cases are sometimes required to settle the matter when it is suspected the corner markers may have been moved.
These kinds of problems caused the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to largely replace this system except in the east. Beginning with the Land Ordinance of 1785
Land Ordinance of 1785
The Land Ordinance of 1785 was adopted by the United States Congress on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States...
, it began a transition to the Public Land Survey System
Public Land Survey System
The Public Land Survey System is a method used in the United States to survey and identify land parcels, particularly for titles and deeds of rural, wild or undeveloped land. Its basic units of area are the township and section. It is sometimes referred to as the rectangular survey system,...
(PLSS) used in the central and western states. The eastern, or original states, continue to use the metes and bounds surveys of their founders.
History of use in the United States
This system was imported to the original colonies that formed the United States. It is also used in some states that were previously part of one of the Thirteen ColoniesThirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
, or where land was allocated before 1785. These include West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
and Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
.
Use in patent law
In patent law, an application provides background and disclosure necessary to describe an invention, but it is the claimClaim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...
s that define the protected aspects. It is therefore said that the claims set out the metes and bounds (see, e.g. in United States patent law
United States patent law
United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided by the United States Constitution. Congress implemented these...
, Manual of Patent Examining Procedure
Manual of Patent Examining Procedure
The Manual of Patent Examining Procedure is published by the United States Patent and Trademark Office for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates...
§ 2173.05(a)) for the protected invention. As a deed might describe a parcel of land, a patent claim carves out systems, methods, etc. that are infringed
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
by something meeting every single one of the claim features. Moreover, an applicant must present an argument for patentability
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
(or, in the United States, an argument against a prima facie case of non-patentability) based only on features found within the claims. The requirement to clearly define the metes and bounds of a claim is found in United States patent law at least at 35 U.S.C. 112, second paragraph, which states, "[t]he specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention."
See also
- SurveyingSurveyingSee Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
- Public Land Survey SystemPublic Land Survey SystemThe Public Land Survey System is a method used in the United States to survey and identify land parcels, particularly for titles and deeds of rural, wild or undeveloped land. Its basic units of area are the township and section. It is sometimes referred to as the rectangular survey system,...
- Lot and Block survey systemLot and Block survey systemThe Lot and Block Survey System is a method used in the United States and Canada to locate and identify land, particularly for lots in densely populated metropolitan areas, suburban areas and exurbs...
- Township, civil townshipCivil townshipA civil township is a widely used unit of local government in the United States, subordinate to, and geographic divisions of, a county. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both,...
, survey townshipSurvey townshipSurvey township, sometimes called Congressional township, as used by the United States Public Land Survey System, refers to a square unit of land, that is nominally six miles on a side...