Legal Descriptions for Properties with Historical Designations

The intersection of property law and historical preservation has never been more relevant than it is today. As cities grow and developers seek to maximize land use, the legal descriptions of historically designated properties become critical to balancing progress with preservation. These descriptions are not just technicalities—they are the foundation for protecting cultural heritage while accommodating modern needs.

Why Legal Descriptions Matter for Historic Properties

Legal descriptions serve as the official "fingerprint" of a property, defining its boundaries, features, and rights. For historic properties, these descriptions carry additional weight because they often include restrictions tied to preservation laws. A poorly drafted legal description can lead to disputes, unintended demolition, or even the loss of historically significant structures.

The Role of Surveys and Metes and Bounds

Many historic properties rely on metes and bounds descriptions, which date back to colonial-era surveying methods. These descriptions use physical landmarks, compass directions, and distances to outline property lines. While poetic, they can be ambiguous when original markers (like a "large oak tree") no longer exist. Modern surveys often supplement these with GPS coordinates to reduce uncertainty.

Plats and Lot Numbers in Urban Areas

In cities, historic districts frequently use plat maps and lot numbers for legal descriptions. However, urban redevelopment can complicate matters. For example, if a historic building spans multiple lots, merging them for redevelopment might trigger zoning or preservation review—even if the change seems minor.

Challenges in the 21st Century

Climate Change and Coastal Historic Sites

Rising sea levels and extreme weather events threaten historic coastal properties. Legal descriptions must now account for erosion control and floodplain regulations, which can conflict with preservation mandates. For instance, elevating a historic home to meet flood codes might alter its façade, requiring approval from preservation boards.

Indigenous Land Rights and Repatriation

Many historically designated properties sit on land originally inhabited by Indigenous communities. Legal descriptions that ignore tribal boundaries or sacred sites can spark legal battles. Recent movements for land repatriation have forced governments and developers to re-examine property records, sometimes leading to co-management agreements with Indigenous groups.

Affordable Housing vs. Preservation

In cities like San Francisco or Boston, historic districts face pressure to accommodate affordable housing. Legal descriptions that restrict building heights or densities can clash with housing mandates. Some jurisdictions now allow adaptive reuse—converting historic factories into apartments, for example—but this requires precise legal language to avoid violating preservation covenants.

Case Studies: When Legal Descriptions Fail (or Succeed)

The Case of the Vanishing Courthouse

In 2018, a county in Texas accidentally demolished a historic courthouse because its legal description failed to specify which structures were protected. The error cost millions in restitution and sparked reforms in how governments document historic assets.

Success Story: The High Line in New York

New York’s High Line, a repurposed railway turned park, succeeded because its legal description explicitly allowed for adaptive reuse while protecting the structure’s industrial character. The project became a model for blending history with urban innovation.

Best Practices for Drafting Legal Descriptions

1. Be Specific: Avoid vague terms like "the old barn." Use permanent markers or geospatial data.
2. Anticipate Change: Include clauses for climate adaptations or future land use.
3. Collaborate with Stakeholders: Engage historians, Indigenous leaders, and community groups early.
4. Stay Updated: Preservation laws evolve. Regularly review descriptions to ensure compliance.

The legal descriptions of historic properties are more than paperwork—they are a covenant between past and future. Getting them right ensures that history isn’t erased in the name of progress.