70. 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 measurements that do not return to the original point of beginning, which is essential for a perfect description of a property boundary.
A) It is perfect because it uses a man-made point of beginning.
This option is incorrect because while using a man-made point of beginning can be beneficial, it does not guarantee the perfection of the description. The crucial factor is whether the description returns to the starting point, which it does not.
B) It is perfect because it uses an intersection of highways to locate the point of beginning.
This option is also incorrect. Although the description starts at a man-made intersection, the perfection of a property description relies on closure—returning to the starting point—rather than merely the method of locating the starting point.
C) It is imperfect because it is measured in feet instead of rods.
This option is incorrect. The measurement unit (feet instead of rods) does not inherently affect the perfection of a property description. The key issue is the failure to return to the starting point, not the units of measurement used.
D) It is imperfect because it does not end at the point of beginning.
This option is correct. A perfect property description must form a closed loop, returning to the original point of beginning. Since this description does not do so, it is deemed imperfect.
Conclusion
The correct answer highlights the essential requirement for property descriptions to close at the starting point. Options A, B, and C fail to address this critical aspect, focusing instead on other characteristics that do not determine the description's accuracy. Therefore, option D stands as the only valid conclusion regarding the imperfections present in the property description.