Author: Sydney Lippman

Legals with Lippman: Government Lots

Imagine this: you’re reviewing an informational or a commitment from the title company and you notice the legal description contains a tract in a government lot. What does this mean? Is this a concern for my transaction? This is one instance in which the word “government” is nothing to worry about!  Legals with Lippman is back to discuss government lots and what they mean to you or your client.

Government lot is a term used within the Public Land Survey System a.k.a PLSS. We briefly talked about PLSS in our first Legals with Lippman. PLSS dates back to 1785 in the United States and is the system that breaks real estate into Section-Township-Range (STR).

  Fun fact: Not all states adopted the PLSS, most notably the Thirteen Colonies.

So, what is it?

A government lot is an irregular portion of a Section as formed by a meandering body of water, impassable object, or another boundary (state, reservation, grant, etc). These “lots” are used in Sections with an irregular shape or acreage (containing less than or more than the 640 acres seen in a standard Section). While called lots, these are not the type of lot that you would see in a platted subdivision. These lots are surveyed by the government (see example from Township 10, Range 8 below) and unlike a platted lot, do not have the zoning regulations, setback lines, or restrictions that are sometimes seen on plats.

In Riley County, for example, we see government lots formed by the Big Blue River and by Fort Riley. More specifically, if we examine a survey of the government lots in Township 10, Range 8, we see how Sections 5, 4, 9, and 8 are encompassed by the Big Blue River, making them slightly irregular.


On modern versions of an STR map you can see how these Sections have some variation in size; this is another indication of the presence of government lots.

From Riley County GIS

In an STR legal description you will see these irregular portions referenced as either a ‘government lot’ or a ‘lot.’ This is an example of a tract from Section 5, Township 10 South, Range 8 East, which is located near the Big Blue River. Another county might refer to these tracts as “government lots 9 and 10.”

So, what does this mean for my property? Owning part of a government lot is no different from owning land with any other STR legal description. There are no special restrictions or government regulations. A government lot is simply a way to make abnormal shapes and acreages fit into a standard section in the PLSS. If you see a government lot listed in your legal description, there is nothing to worry about!

We love helping and we love legal descriptions; if you have a question about your or your client’s legal description, give us a call!

Legals with Lippman – Part 2

Today we’re continuing our series Legals with Lippman!  In this series, our Production Manager, Sydney, focuses on topics related to real estate legal descriptions.  Sydney helps to make sense of plats (and replats), original townsites, water rights, condemnations, and how all of this affects you and your clients’ transactions.

Plats, Subdivisions, and Original Townsites, Oh my!

Of the three main survey systems, the Lot and Block System is one of the simplest. This system is often referred to as a plat and can further be referred to as a subdivision or original townsite. A Plat (also known as a plat map) is a record of a tract that takes a “metes and bounds” legal description and makes it into a simpler legal description, tied to a subdivision or original townsite. The Lot and Block system is often be used to identify individual lots, the block in which the lot is located, a reference to the platted land or subdivision name, and a description of the map’s recording information.

Many original townsites (like that of Manhattan as we see below) were created at the start of settlements when towns began to be formed. They are a simpler version of the subdivision plats seen today. They often give rough measurements of lots and blocks as well as setting out city roads and parks.

The Lot and Block system is one of the most recent used in the United States and became popular in the 19th century as cities expanded into surrounding farmland. Farmers and other owners of larger tracts of land would subdivide the property into a set of smaller lots to be sold individually. These subdivisions would then be filed with the county as a plat and often become known as subdivisions or neighborhoods.

Modern subdivisions have evolved quite a bit from the plat maps we see for original townsites. In addition to showing the individual lots, plats now include setback lines, easements, zoning, and other designations. This ensures that each lot has access to a public right of way as well as things like public utilities. An example of this can be seen in this recent plat of Rockenham Woods:

As you can see, the plat system has developed over time just like our towns and cities.  This continues to be for the purpose of keeping track identification simple. Stay tuned for the next Legals with Lippman to learn about replats and what that means for your land.  As always, if you’re brimming with curiosity about this topic or have a concern about a current transaction, give us a call!

Legals with Lippman: Section-Township-Range and Land Surveys

We’re starting a new series on the Tallgrass Title blog: Legals with Lippman!  In this series, our Production Manager, Sydney, will be focusing on topics related to real estate legal descriptions.  Sydney will help make sense of plats (and replats), original townsites, water rights, condemnations, and how all of this affects you and your clients’ transactions.

Section-Township-Range Legal Descriptions (and Why Surveys Can Make Your Life Simple)

Legal descriptions are a graphic depiction of a property. They outline the boundaries and features of a tract of land creating a map.

Legal descriptions commonly start out with a section-township-range description (with the exception of “platted” ground which will be covered in a future post.) This type of surveying system was adopted in 1785 and is used throughout the United States.  Through this system townships and ranges are separated into sections, each section totals 640 acres and is one square mile, forming a grid pattern to help locate a given property. Townships run north and south while ranges run east and west. Each township range is broken into 36 sections making them 6 square miles.

Many legal descriptions start by dividing sections into quarters, halves, and quartered quarters. However, when real estate is broken down further, it can get a bit complicated. For example, suppose that in 1901 John Jacob purchased the NW/4 of Section 10, Township 10, Range 10. Then, John Jacob gave a portion of the property to each of his four children and each received a quartered quarter. Allen Jacob received the SW/4 NW/4 of 10-10-10. Allen wanted to pass this land on to his two sons but wanted the house to go to his daughter. This is where things can become less cut and dry. Allen decided to divide the property along a stream that runs halfway through the property. Everything North of this stream went to Bart, everything South went to Chester. Seems simple, until you take out the house and five acres surrounding. The five acres and the house are also along this stream. This is where a survey of metes and bounds legal description comes into play.

A surveyor will draft a legal description beginning at a designated starting point; also called a point of beginning. In this case it might be the southwest corner of the northwest quarter of Section 10, Township 10, Range 10. A particular degree and number of feet is then determined, and the legal description continues through a variety of angles and distances until it comes back to the point of beginning. This creates a map of the property boundaries.

After reading the above example, one can see that there are many instances where a survey is needed to produce a metes and bounds legal description. They can help resolve any possible boundary disputes, accurately determine the size of a tract of land, or to determine the location of any easements, setbacks, or other such restrictions on future development.

Surveys can also be extremely helpful when a legal description has become convoluted. Say John Jacob decided to sell half of the NW/4. Peter Crow now owns the N/2 of the NW/4. Peter then sells the South 10 acres of the N/2 of the NW/4 to Monica Chang. Monica sells four one-acre tracts off for housing development. Monica’s legal description is now the South 10 acres of the N/2 of the NW/4 of 10-10-10 less one acre less one acre less one acre less one acre. Having a survey done of the remaining six acres would  simplify her legal description. .

Dealing with legal descriptions can be tricky, that is why we are here to support you. If you have any questions about section, township, range legal descriptions or surveys feel free to contact one of our real estate professionals for guidance.

Tips and Tricks for Submitting a New Order

How do I submit a new order and what info do I need?

Here at Tallgrass Title we are always happy to get new orders started for you and hope to make it as easy as possible.  To do this, we offer three simple ways to submit new orders or ask questions. Whether it be a contract, refinance, informational report, or preliminary title, any of these methods should cover you!

Email or Fax

A simple way to contact us is through email. A quick email to order@tallgrasstitleks.com is all it takes to get us started.  Whether it’s an order, a simple question, or preliminary title you are just getting started, we can get things going for you with minimal information. All it takes is a quick email.

We can also receive new orders through fax at (785)456–8581. Just send over your contract or title order form and we will get a file started for you!

Our Website

We can also receive new orders through our website: tallgrasstitleks.com! All it takes is to go to the website and follow the link on the main page to Submit Order or follow the Services drop down and click on “Get Started”.

This will lead you to an online fillable order form. Just fill this in, to the best of your ability, and hit submit at the bottom. The fields marked with an * will help guide you through required information.

We will receive your order like this and get a file started for you.

Just remember to include your name and contact information so we can contact you with any questions!

PaperlessCloser

Another way to submit a new order to us is through PaperlessCloser. Access to this program can be found on the main page of our website or through the Client Login drop down. This will direct you to the log on for PaperlessCloser. Once logged in there will be a button for New Order in the bottom right corner.

Fill in the fields with your information and hit Add Order. This will send your order directly to our system so we can get it started for you.

We can get pretty much anything started with an address or current owner so don’t let the details slow you down; feel free to submit what you have, and we will help you with the rest.  However, if you can provide information regarding the buyer or sellers marital status, that will help us immensely in the initial stages! For more information on placing orders or all things title insurance, feel free to give us a call or send an email! We are so happy to help.

Multiple Owners of Real Estate and Ownership Interests

Ownership in Property

When it comes to holding title in real estate with another person or entity, there are two highly common ways to be vested on a deed: Tenants in Common and Joint Tenants with the Rights of Survivorship.

Tenants in Common is ownership of the real estate between two individuals and entities or more.  The ownership is undivided, meaning that your ownership is of the whole tract or real estate and not a particular portion. Additionally, the ownership can be held in equal shares or unequal shares. If owned by individuals and one of those tenants dies, their interest would then pass to their heirs.  Also, as a tenant in common, you may typically freely transfer your percentage of ownership in the real estate.

The second main way of holding title to real estate with another is Joint Tenancy with Rights of Survivorship (JTWRS).  JTWRS is mostly seen between married couples or various family members. Like tenants in common, each party shares an undivided interest in the real estate. However, that interest share is equal and upon the death of one party their share transfers automatically to the surviving owner.   You can see why this is most typical between married couples.

Interest in Property

Marital interest also comes in to play when owning real estate in Kansas. The State of Kansas is what is known as a “One to Buy, Two to Sell” state. Even if a spouse is not named on a deed or other document transferring ownership, they still have what is called a marital interest. This comes in to play when selling or mortgaging a piece of property. Even if John is the only one in title, John and his wife, Jill, must both sign any deed transferring or mortgaging the property (with one small exception that is specific and too lengthy for this discussion. However, feel free to give me a ring and I will explain).

Another way to possess interest in a property is by way of an equitable interest. This is commonly seen in installment contracts. Typically, the buyer of the real estate under contract will not receive a deed until all of the payments are made.  Therefore, an Affidavit of Equitable Interest is filed. When an Affidavit of Equitable Interest is filed with the Register of Deeds it is a declaration that another party has interest in the property creating a cloud on the title. Party A still retains ownership of the property, but Party B has declared that they have equity in the real estate.

Finally, a Transfer on Death Deed is a statement of future ownership in property. This is often used in estate planning and can simplify things for loved ones after an owner has passed away. This type of ownership does not pass an interest in the real estate until the grantor on the deed has passed.  Additionally, this deed is fully revocable until the death of the grantor.

These are just a few of the different types of joint ownership of real estate and common ownership interest scenarios that you might encounter when buying or selling property. At Tallgrass Title, it’s our job to walk through these situations with you and ensure that our clients are transferring and receiving real estate with clean title. We’re happy to answer any question you may come across about the many kinds of ownership!