Chapter 27
Legal Descriptions Used in Georgia
INTRODUCTION
The legal description of a property is the method of identifying the boundaries for
that property as clearly and completely as possible. It is also allows the owner to
know where his or her property is in relationship to all other properties, especially
the adjacent properties. Legal descriptions in Georgia use the County, District, and
Land Lot, and then use the metes and bounds or the lot and block, also known as the
plat map description. Each of these concepts is a topic for discussion in the
remaining sections of this chapter.
A proper legal description is an important and necessary item in a real property
transaction. A contract for the sale of realty must include a legally sufficient
description of the property. The legal description must be specific, must be definite,
and must contain sufficient information to enable parties to the contract or others to
be able to locate and identify the property. If this description is not complete or if it
is vague, the contract would be void or unenforceable.
For example, if the description consists entirely of a notation that the property to be
conveyed is "that tract of land known as the grantor's home place" and contains no
more specific information, the contract is not enforceable. The legal description is
also a necessary component of a warranty deed, a security deed, and a lease that
conveys possession of an entire parcel of property rather than just a rental unit in
the property.
THE LEGAL DESCRIPTION SYSTEM IN GEORGIA
In the 1800's a survey of Georgia divided much of the state into its present grid
system of "land lots" and "districts." In addition, portions of the state use special
areas known as "sections," "headrights," and "Georgia Militia Districts." These land
area measures are the topics of discussion in the following sections. See Map 1 and
Chart 1 for the specific land divisions used in each county.
DISTRICTS AND LAND LOTS
The districts are generally square areas of land and do not necessarily correspond
with county boundary lines. Each district consists of smaller square grids of land
known as land lots which vary in size from as small as 40 acres in the northern
portion of the state to as large as 490 acres in the central and southern
portions. The 40 acre land lots were purposely made smaller for the gold lotteries in
the 1830's. Legal descriptions of property located in those areas of the state so
divided must include the land lot number and district number. In some areas of the
state legal descriptions may use other land divisions in pinpointing the exact location
of the property being described.
HEADRIGHTS, GEORGIA MILITIA DISTRICTS (GMDs), AND SECTIONS
(a) HEADRIGHTS - The coastal area of Georgia and some counties in other areas
divide property under the "headright" system. Since the laws concerning headrights
arose before the survey of the state, there is no grid system of land lots and districts
in these areas. Legal descriptions using headrights describe irregularly shaped
parcels and are heavily dependent upon natural boundaries such as rivers, streams,
and trees.
(b) GEORGIA MILITIA DISTRICTS - Georgia Militia Districts (GMDs) were originally
manpower reserve districts organized to provide for the common defense. These
land district lines do not conform to county, district, or land lot lines but can isolate a
tract of land in drafting legal descriptions, particularly in the Headright area.
(c) SECTIONS - Sections are an additional grid system for land areas that exist in
some counties in the northern and northwestern portion of the state. Sections are
larger than districts.
THE LOT AND BLOCK OR PLAT MAP SYSTEM
The lot-and-block or plat-map system of legal description for land, sometimes known
as the "short form" legal description, uses publicly recorded maps. Most
communities require developers or subdividers to have their tracts surveyed and
platted into building lots and blocks. This information appears on a map that shows
the size and shape of each building lot and its location in the subdivision or land
tract. The authorities in each county or jurisdiction evaluate the plat map for
compliance with the existing subdivision regulations. The approved plat map
appears in the files or records of the local government's records office. Under this
system, the legal description of a parcel of land would contain the following kind of
information: the property is Lot #11 in the Chestnut Ridge Development as shown
on page 412 of Volume 2 of the Plat Maps for Liberty County.
THE METES AND BOUNDS SYSTEM
The metes-and-bounds system for describing land, sometimes called the long form
legal description, uses a fixed point of beginning and then describes a geometric
shape using directions, distances, and compass references to describe changes in
directions. Monuments or any landmarks that are easily identified can also appear in
the metes-and-bounds system. The monuments can be manufactured objects such
as fences or markers or natural features such as a distinct rock outcropping, a
stream, or even a tree. In more developed areas the intersection of two roads often
serves as a monument.
The metes-and-bounds description easily identifies a rectangular piece of
property. By use of more sophisticated angular measurements (i.e., degrees,
minutes, and seconds), the metes and bounds system can identify any irregularly
shaped piece of property. The metes and bounds legal description usually starts with
the identification of a monument. Then the description relates the "point of
beginning" (the POB) of the property to the monument. From the POB the
description continues by specifying the perimeter of the property. An example of a
metes and bounds legal description appears below and is taken from the Survey for
Robert Smith that appears at the end of this chapter. Note the surveyor's seal and
registration number. Surveying is a licensed profession, and a recordable survey
should bear the certificate, seal, and registration number of the surveyor. The
legend at the upper left contains information that is useful in drafting the legal
description. The surveyor has indicated that the land lies in Land Lot 166 of the 11th
District,, 3rd Section of Sparta County, Georgia. The land area (which is not always
shown on surveys) is 2.009 acres for this tract of land. Magnetic north points toward
the top of the page. We can see that the property boundary lines do not meet the
road pavement. This gap is common. The road right-of-way is usually larger than
the pavement to allow for future road widening and to place utility lines such as
water and sewer.
The property lies at the intersection of Spruell Road and White Oak Road, each of
which have 80 foot rights-of-way. The symbol C/L indicates the centerline of the
road. The property has iron pins found by the surveyor (I.P.F.) at each corner. The
description of the property runs in a clockwise direction. This is standard practice,
but not required. Our legal description would begin with a preface paragraph setting
out the state, county, land lot, district, section, or militia district where the property
is located. Taking the information from the Survey for Robert Smith, our first
paragraph would read:
ALL THAT TRACT or parcel of land lying and being in Land Lot 166 of the 11th District,
3rd Section of Sparta County, Georgia, and being more particularly described as
follows:
From here, we must determine the point of beginning (P.O.B.) of the courses and
distances. The point of beginning is crucial to the legal description; for without it,
the legal description can be fatally vague. To establish the point of beginning, a plat
of survey must always make reference to a fixed point such as the intersection of
two streets. Robert Smith's property is located at the intersection of two streets, so
we can use the rights-of-way as the point of beginning. A word of caution is in order
here. The government often widens streets and acquires additional right-of-way. If,
for example, the county decided to widen White Oak Road and acquire an additional
10 feet of right-of-way on either side, the fact that the legal description and its point
of beginning are based upon the street right of way would not shift all the property
boundaries 10 feet to the north. Instead the eastern and western boundaries would
become shorter by 10 feet, the southern boundary would shift 10 feet to the north
and the northerly boundary would not move. To prevent future problems with the
location of boundaries based upon road rights of way, it is customary for a metes
and bounds description to state the number of feet in the road right-of-way. The
point of beginning of our legal description would be as follows:
Beginning at an iron pin at the intersection of the southwesterly right-of-way of
Spruell Road (having a present right-of-way of 80 feet at this point) and the
northwesterly right-of-way of White Oak Road (having a present right-of-way of 80
feet at this point);
After establishing the point of beginning, the drafter must then describe the courses
and distances of each line so that the boundary closes at the point of beginning. To
describe the course of each line, the surveyor uses compass bearings expressed in
degrees, minutes, and seconds. There are 90 degrees in each quadrant of the
compass (360 degrees total). Each degree can be further divided into 60 parts
known as minutes. Each minute contains 60 seconds. The surveyor's symbol for
degrees is a superscripted circle [°]. The symbol for minutes is an apostrophe [']
and for seconds, quotation marks ["]. The first line of the legal description is
expressed in degrees from the point of beginning. The drafter establishes each
course by reference to the line last described. For example, the first course relates
to the point of beginning. Imagine placing an imaginary protractor on top of the
point of beginning with one of the 90 degree bearings facing north:
Each course begins by relating either due north or south to another direction. Since
the first line in the survey (proceeding clockwise) is generally south, the surveyor
relates the line to due south by measuring the number of degrees (and sometimes
minutes and seconds) between due south and the first line. In this survey, the first
line is 61 degrees and 57 minutes west of due south, so the course is "south 61
degrees 57 minutes west." The drafter can then describe the first line (sometimes
referred to as a "call") from the point of beginning, giving the number of feet in the
line in addition to the course:
running thence south 61 degrees 57 minutes west along the northwesterly right-ofway of White Oak Road for a distance of 350.0 feet to an iron pin;
The course for the next line is determined as if the drafter placed an imaginary
protractor on the point at the end of the first call. The second line is 29 degrees 19
minutes west of due north, as indicated on the plat of survey. The second line would
be described:
running thence north 29 degrees 19 minutes west for a distance of 250.0 feet to an
iron pin;
Sometimes if a boundary line runs along a right-of-way or land lot line, the drafter
may refer to the line. The second line could be described:
running thence north 29 degrees 19 minutes west along the southwest land lot line
of Land Lot 166 of said District and Section for a distance of 250.0 feet to an iron pin;
The third line is 61 degrees and 57 minutes east of due north and is described:
running thence north 61 degrees 57 minutes east for a distance of 350.0 feet to an
iron pin on the southwesterly right-of-way of Spruell Road;
Finally, the last call closes the geometric figure at the point of beginning:
running thence south 29 degrees 19 minutes east along said right-of-way for a
distance of 250.0 feet to an iron pin at the point of beginning.
Sometimes the drafter refers to the plat of survey, whether the plat is recorded or
not. From start to finish, the legal description is:
ALL THAT TRACT or parcel of land lying and being in Land Lot 166 of the 11th District,
3rd Section of Sparta County, Georgia, and being more particularly described as
follows:
Beginning at an iron pin at the intersection of the southwesterly right-of-way of
Spruell Road (having a present right-of-way of 80 feet at this point) and the
northwesterly right-of-way of White Oak Road (having a present right of way of 80
feet at this point); running thence south 61 degrees 57 minutes west along the
northwesterly right-of-way of White Oak Road for a distance of 350.0 feet to an iron
pin; running thence north 29 degrees 19 minutes west along the southwest land lot
line of Land Lot 166 of said District and Section for a distance of 250.0 feet to an
iron pin; running thence north 61 degrees 57 minutes east for a distance of 350.0
feet to an iron pin on the southwesterly right-of-way of Spruell Road; running thence
south 29 degrees 19 minutes east along said right-of-way for a distance of 250.0
feet to an iron pin at the point of beginning; according to plat of survey for Robert
Smith prepared by John Doe, Georgia Registered Land Surveyor No. 167031, dated
March 25, 1995.
The legal description in this section is presented to illustrate how a legal description
can be drafted from a plat of survey. A different style of drafting may prevail in your
community. Any number of styles would be correct, as long as the legal description
established a definite point of beginning, followed the information on the plat, and
satisfied the legal requirement of providing a sufficient key by which the boundaries
of the property can be determined.
THE GOVERNMENT SURVEY SYSTEM
The government survey system of legal description is not used in Georgia or in the
other states in the U.S. that were the thirteen original colonies. However, the
system is the principal legal description used in most of the states created after the
early part of the 1800's. So, it is important in the Midwest and Western Regions of
the U.S. as well as in parts of the Southeast. A basic understanding of the
government survey system is important if a Georgia licensee becomes involved in a
real property transaction in a state (such as Alabama, Florida, or Tennessee) that
uses the system.
The government survey method uses base lines and principal meridians to identify
tracts of land. The base lines are latitude lines running east and west across the face
of the earth. The principal meridians are longitude lines running north and south. At
intervals of twenty-four miles north and south of the predetermined and recorded
base lines are standard parallels. At intervals of twenty-four miles east and west of
the principal meridians are guide meridians. This system of base lines, standard
parallels, principal meridians, and guide meridians marks out plots of land that are
twenty-four miles long and twenty-four miles wide. Within each of these twentyfour-mile-square plots of land exist sixteen subdivisions called townships. (The term
township in this sense is not any type of political designation.) The townships are
plots of land that are six miles long and six miles wide and appear in tiers (rows) and
ranges (columns). Reference to the base line and the principal meridian identifies
the location of the township. Thus, a township that is in the second tier north of the
base line and the second range west of the principal meridian is easy to identify and
to distinguish from the township that is in the third tier south of the base line and
the second range east of the principal meridian.
Each township in turn consists of 36 specifically numbered plots of land that are each
one mile long and one mile wide. These one-square-mile parcels are "sections" that
contain 640 acres. Each section is then divisible into half sections (320 acres) and
quarter sections (160 acres). Each quarter section is divisible into quarter sections
of the quarter section that is 40 acres. As the land area gets smaller and smaller,
the plat map and the metes and bounds legal descriptions can help define even
smaller individual parcels.
If you are involved in a property transaction in a state using the Government Survey
System for legal descriptions of properties, you should devote the time and effort to
gain competency with the system. For example, the 10 acre parcel in the SW ¼ of
the Section can be identified as the NE ¼ of the SW ¼ of the SW ¼ of the Section.
Figure 3: Legal Descriptions by County in Georgia
COUNTY
APPLING
ATKINSON
BACON
BAKER
BALDWIN
BANKS
BARROW
BARTOW
BEN HILL
BERRIEN
BIBB
BLECKLEY
BRANTLEY
BROOKS
BRYAN
BULLOCH
BURKE
BUTTS
CALHOUN
CAMDEN
CANDLER
CARROLL
CATOOSA
CHARLTON
CHATHAM
CHATTAHOOCHEE
CHATTOOGA
CHEROKEE
CLARKE
CLAY
CLAYTON
CLINCH
COBB
COFFEE
COLQUITT
COLUMBIA
COOK
COWETA
CRAWFORD
CRISP
DADE
DAWSON
DECATUR
DEKALB
DODGE
LAND
LOT DISTRICT SECTION GMD HEADRIGHT
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COUNTY
DOOLY
DOUGHERTY
DOUGLAS
EARLY
ECHOLS
EFFINGHAM
ELBERT
EMANUEL
EVANS
FANNIN
FAYETTE
FLOYD
FORSYTH
FRANKLIN
FULTON
GILMER
GLASCOCK
GLYNN
GORDON
GRADY
GREENE
GWINNETT
HABERSHAM
HALL
HANCOCK
HARALSON
HARRIS
HART
HEARD
HENRY
HOUSTON
IRWIN
JACKSON
JASPER
JEFF DAVIS
JEFFERSON
JENKINS
JOHNSON
JONES
LAMAR
LANIER
LAURENS
LEE
LIBERTY
LINCOLN
LONG
LOWNDES
LAND
LOT DISTRICT SECTION GMD HEADRIGHT
X
X
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COUNTY
LUMPKIN
MACON
MADISON
MARION
MCDUFFIE
MCINTOSH
MERIWETHER
MILLER
MITCHELL
MONROE
MONTGOMERY
MORGAN
MURRAY
MUSCOGEE
NEWTON
OCONEE
OGLETHORPE
PAULDING
PEACH
PICKENS
PIERCE
PIKE
POLK
PULASKI
PUTNAM
QUITMAN
RABUN
RANDOLPH
RICHMOND
ROCKDALE
SCHLEY
SCREVEN
SEMINOLE
SPALDING
STEPHENS
STEWART
SUMTER
TALBOT
TALIAFERRO
TATTNALL
TAYLOR
TELFAIR
TERRELL
THOMAS
TIFT
TOOMBS
TOWNS
LAND
LOT DISTRICT SECTION GMD HEADRIGHT
X
X
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COUNTY
TREUTLEN
TROUP
TURNER
TWIGGS
UNION
UPSON
WALKER
WALTON
WARE
WARREN
WASHINGTON
WAYNE
WEBSTER
WHEELER
WHITE
WHITFIELD
WILCOX
WILKES
WILKINSON
WORTH
LAND
LOT DISTRICT SECTION GMD HEADRIGHT
X
X
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X
NOTE: The entire State of Georgia is divided into militia districts. Deeds in counties
with Land Lots and Districts do not use them as frequently as counties without Land
Lots and Districts. However, some deeds in the counties with Land Lots and Districts
will occasionally use G.M.D.'s (Georgia Militia Districts) in the legal description. This
chart was compiled through telephone conversations with county attorneys and
county clerks of the 159 Georgia counties, and by reference to Hall's Original County
Map of Georgia. The chart is accurate, but it is not an official product of, nor is it
officially endorsed by the Georgia Real Estate Commission. It is intended for use as
a general guide only, not for use as a fully accurate recital.