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
This property description is imperfect because it does not end at the point of beginning.
The description indicates a sequence of directions and distances but fails to return to the starting point, which is a critical requirement for a perfect property description.
A) It is perfect because it uses a man-made point of beginning.
While the description does use a man-made point of beginning, this alone does not make it perfect. A property description must also return to the point of beginning to be considered legally accurate and complete.
B) It is perfect because it uses an intersection of highways to locate the point of beginning.
Using an intersection of highways can enhance the clarity of a property description, but it does not guarantee perfection. The key issue with this description is that it does not close the loop back to the starting point.
C) It is imperfect because it is measured in feet instead of rods.
The choice of measurement units does not determine the perfection of a property description. A legal description can be in any unit of measure, provided it accurately describes the property boundaries and returns to the starting point.
D) It is imperfect because it does not end at the point of beginning.
This option correctly identifies the flaw in the property description. A legally effective description must conclude at the point of beginning to be valid, and since this description does not do so, it is deemed imperfect.
Conclusion
The description fails to be perfect primarily because it does not return to the point of beginning, which is a fundamental aspect of legally valid property descriptions. Although it employs a man-made point of origin and clear measurements, these elements are insufficient without closure. Therefore, option D is the only accurate assessment of the property description's validity.