If you are preparing to earn your real estate license in the Magnolia State, mastering property valuation and legal descriptions is a critical step. Among the most complex topics you will encounter is the metes and bounds legal description. While Mississippi is largely governed by the Public Land Survey System (PLSS)—also known as the Rectangular Survey System—metes and bounds descriptions are still heavily utilized, particularly for irregular parcels of land, historical properties, and boundaries running along the Mississippi River or the Gulf Coast. For a comprehensive overview of all exam topics, be sure to review our Complete Mississippi Exam Guide.
The Mississippi Real Estate Commission (MREC) requires licensees to have a thorough understanding of legal descriptions to ensure accurate property representation and avoid costly legal disputes. This mini-article will break down everything you need to know about metes and bounds for your Mississippi real estate exam, providing practical examples, definitions, and study strategies to help you succeed.
What is a Metes and Bounds Legal Description?
The metes and bounds system is the oldest method of developing legal descriptions for real estate in the United States. It relies on physical features of the local geography, along with specific directions and distances, to define and describe the boundaries of a parcel of land.
- Metes: Refers to the measurement of distance (e.g., feet, yards, chains, or miles).
- Bounds: Refers to the compass directions or angles (e.g., North 45 degrees East).
Unlike the Lot and Block system used in modern subdivisions, or the PLSS which divides land into neat square townships and sections, metes and bounds can describe a property of any shape. In Mississippi, a metes and bounds description is often used to carve out a specific, irregularly shaped parcel from a larger PLSS section.
Key Components of the Metes and Bounds System
To pass the legal descriptions portion of the Mississippi real estate exam, you must understand the three foundational elements of a metes and bounds survey.
1. The Point of Beginning (POB)
Every metes and bounds description must have a defined starting point, known as the Point of Beginning (POB). The surveyor begins at the POB, travels along the boundaries of the property using specific distances and directions, and must eventually return to the exact same POB. If the description does not close by returning to the POB, the legal description is considered defective and invalid under Mississippi real estate law.
2. Monuments
Monuments are fixed objects used to establish boundaries. In the context of the exam, you need to know that monuments can be either natural or artificial:
- Natural Monuments: Rivers, large boulders, ancient trees, or the shoreline of the Gulf of Mexico.
- Artificial Monuments: Iron pins, concrete posts, fences, or highway intersections.
Exam Tip: In Mississippi courts, if there is a discrepancy between the written distance in a deed and the actual physical location of a monument, the monument takes precedence. For example, if a deed says "go 200 feet to the old oak tree," but the tree is actually 210 feet away, the boundary extends to the tree.
3. Bearings (Compass Directions)
Bearings describe the direction of the boundary lines. They are typically given in degrees, minutes, and seconds, starting from either North or South, and moving toward East or West. For example, "North 45 degrees East" means the surveyor faces true North, then turns 45 degrees toward the East before walking the specified distance.
Practical Example: Reading a Mississippi Metes and Bounds Description
Let’s look at a realistic scenario you might encounter on the exam or in your future career as a Mississippi real estate agent. Imagine a rural property in Hinds County with the following description:
"Beginning at an iron pin located at the intersection of County Road 12 and Pine Creek (the Point of Beginning); thence North 30 degrees East a distance of 400 feet to a blazed oak tree; thence South 60 degrees East a distance of 300 feet to a concrete marker; thence South 30 degrees West a distance of 400 feet to the northern bank of Pine Creek; thence North 60 degrees West a distance of 300 feet along the creek bank back to the Point of Beginning."
How to break this down:
- Locate the POB: The iron pin at County Road 12 and Pine Creek.
- Follow the Metes and Bounds: You travel N 30° E for 400 feet (striking an oak tree monument).
- Continue the Path: You turn S 60° E for 300 feet (striking a concrete marker).
- Head Back: You turn S 30° W for 400 feet (hitting the creek).
- Close the Tract: You travel N 60° W for 300 feet, which brings you perfectly back to the starting iron pin. The tract is closed.
Notice how this description creates a perfect rectangle (400x300), but because it is angled along a creek and a county road, it cannot simply be described using the PLSS section fractions. Misinterpreting these descriptions is a frequent pitfall for students; to learn about other common errors, check out our guide on common mistakes Mississippi candidates make.
Why Metes and Bounds Matter for Mississippi Licensees
Under MREC rules, licensees are expected to perform their duties with reasonable skill and care. While real estate agents are not surveyors, you must be able to read a deed and generally understand the property lines you are selling. If you list a property bordering the Pearl River and the metes and bounds description is flawed (e.g., it doesn't close at the POB), a title issue will arise, potentially delaying or destroying the transaction.
Furthermore, the Mississippi exam will test your knowledge of how different legal description systems interact. Below is a breakdown of how frequently different legal description concepts generally appear in real estate licensing exam practice:
Prevalence of Legal Description Types on Real Estate Exams (%)
Exam Prep Tips for Legal Descriptions
Legal descriptions can seem like a foreign language at first. Here are a few strategies to help you conquer this section of the Mississippi exam:
- Draw it out: When faced with a metes and bounds question, use your scratch paper to draw a compass and sketch the property lines based on the description. Visualizing the shape makes it much easier to spot errors, such as a tract that fails to close.
- Memorize the Hierarchy of Evidence: Remember that natural monuments trump artificial monuments, which trump courses (directions), which trump distances, which trump area (acreage).
- Integrate it into your routine: Don't leave legal descriptions until the night before the exam. Use our Mississippi study schedule planner to allocate dedicated time for property boundaries.
- Take Practice Tests: The phrasing of metes and bounds questions can be tricky. Familiarize yourself with the format by reading our Mississippi practice test strategies.
Frequently Asked Questions (FAQs)
Does Mississippi use Metes and Bounds or the Rectangular Survey System?
Mississippi primarily uses the Public Land Survey System (Rectangular Survey System), referencing meridians like the Choctaw, Washington, and Chickasaw. However, metes and bounds are frequently used in conjunction with the PLSS to describe irregular parcels, land bordering waterways, or portions of a section that have been subdivided.
What happens if a monument mentioned in a Mississippi deed is destroyed?
If a monument (like an old tree or a wooden fence) is destroyed, surveyors will rely on historical records, surrounding monuments, and the written distances and compass bearings in the deed to re-establish the boundary. However, this can lead to property disputes, which is why artificial monuments like iron pins are preferred today.
Why is the Point of Beginning (POB) so important on the exam?
The POB is heavily tested because a metes and bounds description is legally invalid if it does not start and end at the exact same POB. If a description fails to "close," the title is clouded, and the property cannot be cleanly transferred without a new survey or legal correction.
How does Metes and Bounds relate to the Lot and Block system in MS subdivisions?
When a developer buys a large tract of land in Mississippi to build a subdivision, the outer perimeter of that entire tract is usually surveyed using metes and bounds. Once the perimeter is established, the interior is divided into smaller parcels and recorded on a plat map using the Lot and Block system.
Will I have to calculate the area from a metes and bounds description on the MS exam?
Generally, you will not have to calculate the exact area of a complex, multi-sided polygon on the exam. However, if the metes and bounds description forms a perfect square or rectangle (e.g., 400 feet by 300 feet), you may be asked to calculate the square footage (120,000 sq ft) and convert it to acres by dividing by 43,560.
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