Section 0820-03-.09 - LAND DESCRIPTIONS(1) Terminology. The following terminology shall be used in land descriptions: (a) "Beginning" shall mean a well-defined, readily located and permanent point or monument which is both the starting point and final point for a metes and bounds description.(b) "Boundary line" shall mean an adequately dimensioned and described line (which may be straight, irregular, circular or spiral) bounding an area or dividing separate properties.(c) "Conveyance" shall mean the act of transferring title or rights in a property.(d) "Coordinate description" shall mean a description of lands in which the angle points or other points in the boundary are each referred to grid coordinates on the Tennessee or similar coordinate system.(e) "Description by lot number" shall mean a description which identifies a lot or tract of land be reference to book and page numbers of a register in which a Survey Map or Survey Plat is recorded with other pertinent information.(f) "Grantor" shall mean a person or party conveying property or rights therein to a grantee.(g) "Grantee" shall mean a person or party receiving title to or rights in property.(h) "Grid coordinates" shall mean distances measured at right angles to each other in a rectangular system having two base lines at right angles to each other.(i) "Metes and bounds description" shall mean a description in which the boundary lines starting from a given point are described by listing the direction, distance and description of corners of the lines forming the boundary.(j) "Title" shall mean a written claim or right which constitutes a just and legal cause of exclusive possession.(2) Preparation. The Land Surveyor may prepare the land description in a land survey, but shall not engage in the writing of a deed. In the preparation of a land description, the Land Surveyor shall include on the document his full name, his registration number, and the date of the survey from which the information was procured (or the book and page numbers of the recorded Survey Map, Survey Plat or deed, if used in preparing the description).(3) Content.(a) In the description of a lot located in a subdivision by number, the following information shall appear: the name of the subdivision; the Survey Map or Survey Plat referred to; the Land Surveyor's name; the general location of the property and the book and page number of the register in which the lot is recorded.(b) A metes and bounds description shall include the general location of the tract or lot with sufficient accuracy so that the tract can be readily located on the ground. The beginning point must be so selected that it can readily and accurately be located from some previously established monument, corner of record, etc., and can be readily described. The description shall include the names of adjoining property owners and/or a reference to any adjoining plat of record. The description shall include the monument or marker if found or placed and shall be described by size, material, and whether found or placed. A metes and bounds description shall describe a course around a tract or lot in a clockwise direction. All lines adjacent to street, roads or other rights-of-way shall be referenced to same; and all pertinent distances and curve data shall be listed. Chord bearing and distance shall be included in all curb descriptions. All corners falling in roads or other inaccessible locations shall be referenced to nearby and permanent points.Tenn. Comp. R. & Regs. 0820-03-.09
Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 17, 2010; effective March 17, 2011.Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).