There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and Metes and Bounds descriptions, which are used for non-dividing properties. Some legal descriptions include both lot and block descriptions and boundaries and boundaries. All deeds in the chain of ownership of the property must have an identical legal description. It is usually found on the document after a sentence similar to: “the defined parcel or parcel of land described as follows”. Legal descriptions can be created using two reference systems: The legal description of a property can be found on the deed. You can usually find a certificate in your area on a local authority`s website. Be sure to check the latest certificate for the most accurate information. The Public Survey System (PLSS) is used in legal descriptions. It uses a grid system based on municipality, zone and section numbers. The following is an example of a PLSS legal description: Land and block rights descriptions are used when it comes to a property located in a subdivision. A plated subdivision contains all the blocks and lots found in the specific development.
From here you can find your plot and block in relation to your property. An example of this would look something like “Lot 5 of Block 1, Sunset Meadow Subdivision, according to the official platform of this one, registered on October 17, 2008.” Some legal descriptions are very simple and involve a lot and block in the name of a subdivision, but even these peculiarities can be wrong when checked by surveying equipment. A “legal” description of ownership identifies the particular parameters of a parcel of land and is an essential part of purchase agreements, deeds and mortgages. These legal descriptions identify the property so that it can be transferred, assessed and taxed. For these reasons, it is important that owners or potential buyers know how to find the legal description of the property. For example, a community that is the fourth community north of the baseline and the second community east of the meridian is called Township 4 North, Range 2 East. This can be abbreviated to “T4N, R2E”. The municipality may also have a name, which may be included. A valid legal description should define a fully fenced property, i.e. the described dividing lines should meet at one point. It is usually prepared by a surveyor or other qualified professional. This is a simple description of Metes and Bounds.
They can be much more complex in irregularly shaped plots. Such descriptions can get quite complicated, especially if a property crosses a municipal section or boundary. And it`s important for several crucial reasons – and here`s the detailed answer. The legal description of the property is the only enforceable document that establishes your title to each piece of land you own. In the absence of this, you may encounter several legal problems: A legal description is a description that is legally sufficient to describe the property. Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often insufficient to be considered an adequate legal description: Finally, legal descriptions of meters and boundaries are created by a licensed surveyor and used to describe a particular piece of soil based on distances, angles, bearings, and directions. These can be used to describe anything outside of a subdivision development type property, but can tend to be quite long. The beginning of a legal description would look like this: “A portion of the southwest quarter of the southeast quarter of Section 35, Township 2 North, Range 4 West, B.M., Owyhee County, Idaho, describes in more detail as follows: From the south quarter corner of said Section 35…” A legal description is the exact location and measure of the real estate. Although an address is often used to locate a property, legal descriptions are used when transferring titles because they are more accurate.
Unlike an address, it is a unique identifier. This is especially important if you are buying undeveloped land without an address. This type of legal description is used in modern planned residential communities, commercial areas, and industrial developments. The areas are divided into blocks and then into parcels. Inside each platform, there is a permanent reference monument or checkpoint that helps determine the location of each property. The land surveyor notes the size and location of each property and block that will be included in the survey platform or subdivision map and registered in the jurisdiction where the subdivision is located. Review the legal description in these documents: Legal description is a technical text that describes the exact location and boundaries of the property in a way that any surveyor can correctly identify. Many homebuyers rely on either the tax description or the street. However, these are not legal descriptions of the country, and they are not valid in court if you are involved in a legal dispute.
The tax description is incomplete because it does not specify the exact boundaries of the property. As for the street address, it is not reliable. Subsequent urban development and planning may result in a change in the name or number (or both) of the civic address. The legal description ensures accuracy and consistency over time, avoids border disputes and chain of ownership issues, and facilitates the transfer of ownership. Title insurance wouldn`t make sense if you didn`t know what assets it insured. The legal description specifies exactly which property will be transferred to a new owner. If a boundary dispute arises, the court will refer to the legal description to determine whether there is interference or easement. The description reflects the rudimentary tools used to study the country at the time. You will often see traces of trees, rocks, bridges, rivers and other bodies of water. The legal description of the lot and block is the easiest to read for the average citizen. It is often used in planned land divisions and contains: For plate-shaped subdivisions, the description of the object is simplified. The property description used in deeds and other land deeds refers to the name of the subdivision and the lot number.
For example: regardless of the type of legal description, it is important to understand their impact, as they describe exactly what is included in the purchase and sale of a property. If you have any questions about your legal description, talk to your real estate agent or call your local Pioneer Title office – we`ll be happy to help! You may be wondering why you need such a detailed description of a property and why you should hire someone to prepare it. Well, the short answer is: Because that`s the only way to provide a unique identifier for your property. To transfer ownership of immovable property, the deed must contain a clear legal description of the property that identifies it. In order to have a valid mortgage on a property, the mortgage must also contain this legal description. CertSimple has a simple vision: all parties involved in real estate transactions must work together and have access to reliable data and documents. We are a family business and know how important your future home is to you. That`s why we provide you with professional services to find the legal description of real estate in Texas and create the property tax and HOA certificates as well as other basic documents necessary for real estate transactions. Understanding the different types of deeds can help you make good decisions when it comes to buying property or understanding the legality of inheritance. If you carefully read the legal description in your document and compare it with the legal description in a previous document, you can ensure that your document contains the corresponding legal description. Alternatively, you may be able to search the local tax inspector`s online records and review tax returns with the legal description. However, not all tax inspectors capture the full legal description on invoices, so relying on it for a transaction is not the best option.
There are three different formats of legal descriptions: rectangular surveying system – also known as cutting soil, lot and block, and metes and boundaries. Your legal description can be found in your title obligation, either in Schedule A or Schedule A of Schedule B, Part II. The street is essentially the mailing address of the property, which includes the number and name of the house, city or village, state, and zip code. In a legal description, one would refer to the starting point, also known as POB, or the “starting point”. For example, you could start at the southwest corner of the southeast quarter of section 32, T1N, and walk a certain number of feet to a certain degree. The legal description would continue to take you to a variety of different degrees and angles until you reconnect the line to the starting point and draw an accurate map of your property boundaries.
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