Neither the address nor the tax identification number is a sufficient description to transfer or encumber the property. 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. Your address is also far from a legal description, as it is unreliable and subject to change. A description of the boundaries and boundaries describes the property by locating it in the public survey system. The boundaries of the property are described by working around a plot one after the other, starting with a starting point. The starting point could be a landmark or a point described in the U.S. public surveying system. Here is an example of a description of the limits: At the end of the day, you own what`s in the legal description of your deed. An investigation must be conducted so that an appropriate legal description can be created. A real estate lawyer is the ideal professional to look for if you need to write a legal description. Without a proper description, you, as the seller, can determine that your sale was invalid due to an incorrect land description. In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785.
Hi Jennifer, that sounds like a mess! In complicated situations like this, you should contact a title company and/or land use attorney to check what the correct legal description is and where the correct property boundaries are. Here`s an example of what a legal description of a property can look like when you`re looking for yours. The best place to find a legal description is usually the last deed of ownership (the deed that transferred ownership to the current owner). The legal description is usually included in the body of the document. Legal descriptions are usually accompanied by introductory words such as “. as described below. This wording indicates that the legal description will begin shortly. The legal description is often double-indented or bolded to distinguish it from the rest of the document.
See the following examples for an illustration. The above information is intended to help you understand legal property descriptions. However, when buying or selling real estate, it is usually not necessary to fully understand the details of property descriptions. It is important that the deed, mortgage or other property document contains an accurate description of the property. For an example of how a legal description of a lot and block appears on an actual deed, see Example of an act – Lot and block. Real estate is defined as any property attached or attached to the property. The land itself also falls under this classification. The purpose of a legal description of real estate is to provide a means of identifying a property so that it can be fully identified on the basis of the legal description provided. This often means using strict identifiers that don`t change over time. A legal description is a description of real property by a government survey, Métis and boundary survey, or by lot numbers of a registered platform. In this blog, we`ll talk about everything you need to know, including the legal description of real estate. The country description is intended to identify all the boundaries of a particular property.
In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed. While your title insurance will cover you for the worst, it`s always best to cover a legal description of a property before it becomes a problem. The legal description is a description of a property that can sufficiently identify it for legal purposes. When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership. This requires special attention from the creator. It is advisable to re-read the legal description several times to ensure that each letter and punctuation element looks exactly what it was in the previous document. While the legal description of a property can be controversial, the solution is often to hire another surveyor, on whom both parties agree, to conduct an additional version of a survey. There are different types of legal descriptions (see below), but these distinctions are often not relevant to the document preparation process. Knowing the different types of legal descriptions is not as important as knowing where to find the legal description of the specific asset being transferred. The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. All legal descriptions indicate county and state, but how the description is worded varies. Understanding the different types of deeds can help you make good decisions when it comes to buying property or understanding the legality of inheritance.
When creating a legal description, you must use the exact legal description that was on the last deed of ownership. This type of description often includes individual lots, the location of the blocks, the location of the official record, and a reference to the map of the dish cited. Legal descriptions of real estate, the important elements of a sales contract, fall into two basic categories: plate-shaped real estate and unplated real estate. Of course, there are many variations in each category! For reference, we`ve put together a quick reference with examples below. 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. Metes and bounds: This type of legal description dates back hundreds of years. The title officer and surveyor will detect any legal description issues and clear the cloud on the title prior to closing. It uses landmarks and distances to measure the perimeter of the property described in the legal description and is based on the physical characteristics of its geography as well as directions and distances. If the property is not subject to a subdivision area, and especially if it has an irregular shape, more complex descriptions will be posted, allowing a surveyor to measure and mark the boundaries of the property. Each community is divided into 36 numbered sections measuring one mile on each side.
Therefore, you may see an object description that contains a reference to the municipality and section, for example: B: If you have an outdated survey, you may have an outdated legal description. 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. Knowing how to read the legal description of a property is a skill that many homeowners and buyers neglect. If a property is in a subdivision, the legal description can be very simple. It usually refers to one or more lots, the block (or blocks) on which the lots are located, in the name of the subdivision, the county and the state. Our neighbor has about 4 different legal descriptions of deeds filed at the county clerk`s office. We believe the legal description has been changed so that they can adopt an easement that could be used for themselves as a personal driveway. Legal descriptions began to change in 2001 regarding waivers and changed again to a final warranty deed that surfaced in 2003. The exact legal descriptions date back to 1994.
So many documents have been filed in the court clerk`s office over the years, now they have buried the old documents.