68. A property is described as follows: ""Beginning at the concrete post set 105' Southwest of the Southwest corner of the intersection of State Highways 35 and 82 in Ross County; thence South 288'; thence West 355'; thence North 288'; thence East 320'."" Which of the following is true of this property description?
Answer: D
The property description is imperfect because it does not end at the point of beginning.
The property description is considered imperfect because it outlines a series of measurements that do not return to the original point of beginning, thus failing to create a closed figure.
A) It is perfect because it uses a man-made point of beginning.
While the description does utilize a man-made point of beginning, this alone does not render it perfect. A perfect legal description must also ensure that it describes a closed figure, which this description fails to do.
B) It is perfect because it uses an intersection of highways to locate the point of beginning.
Although the description references an intersection of highways as a reference point, this does not guarantee perfection. The key requirement for a perfect description is that it forms a complete, closed boundary, which is not satisfied here.
C) It is imperfect because it is measured in feet instead of rods.
The use of feet as a unit of measurement does not inherently make a property description imperfect. Legal descriptions can utilize various units, and the critical factor is whether the description creates a closed figure, which it does not.
D) It is imperfect because it does not end at the point of beginning.
This statement accurately identifies the flaw in the property description. For a legal description to be valid, it must return to the original point of beginning, which this description fails to achieve as it does not close the boundary.
Conclusion
The correct answer, D, highlights the fundamental requirement of a legal property description to be a closed figure. All other options fail to address this critical aspect, focusing instead on points that do not contribute to the validity of the description. Therefore, the lack of closure in the description makes it imperfect, aligning with the requirements of legal property identification.