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. Your deed should have an accurate legal description of your property, so if you are looking for the legal description after having previously owned land, then this is the best place to search. Here`s an example of what a legal description of a property can look like when you`re looking for yours. Ultimately, you own what is in the legal description of your deed. Everyone is thrilled when they find the perfect home, the floor plan works, the backyard is great, and the street looks idyllic. An offer is made, friends and family are called, and you are full of excitement about your purchase. “What house are you buying?, where is it?” everyone asks. You tell them a street name, a number, and that the yard looks “really big.” The urban street address is usually all that most people think about when it comes to understanding the land they are actually buying. Unfortunately, a mailing address doesn`t say much. To really know the soil beneath your feet (and how much it actually belongs to you), you need to look at and understand the legal description of a property. Are you confused when you`re just learning to read legal property descriptions? The legal description is a description of a property that can sufficiently identify it for legal purposes. Have the legal description of your property verified by a survey so that everything is aligned and ready to use.
Monuments: also known as topographic markers or geodetic markers; objects placed on the property to mark important surveys on the surface of the land; Typically, metal rods or pieces of concrete nestled in the ground, although sometimes these are more unique objects such as liquor bottles, clay pots, piles of stones, the surveyor must find three of the certified corners of the section – which are one mile apart – and go with their equipment following the instructions in the legal description. As one of the most important pieces of information involved in real estate transactions, legal descriptions are important to understand before buying a property. What is the legal description? (apart from this part of a purchase and sale contract with a seemingly random hodgepodge of letters and numbers that might as well be written in ancient Greek). Here`s an introduction to what all this means and why it`s important: A legal description is a description of real estate that is sufficient to identify it for legal purposes. When drafting an act, it is important to use the correct legal description. In most cases, it is best to use the legal description of the last deed of ownership. You need the legal description for all purchase contracts, deeds and mortgages. The title officer and surveyor will detect any legal description issues and clear the cloud on the title prior to closing. It is important to remember that the legal description is the only one that is legally sufficient to transfer the property described. Remember that you are actually buying the legal description of a property, not an address on a street. Understanding how this legal description is made and what it means will make you a more informed home buyer.
Your agent should check the legal description of the property with you before making an offer so that everyone understands exactly what you are getting. If the legal description was copied and pasted from an outdated survey, it`s worth hiring a surveyor who can update this information for you. It allows you to determine exactly where a particular plot of land is. 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. 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. 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 mixed description: Legal descriptions are essential to the land purchase process, and so it is just as important to know how to read the legal description of a property. As a general rule, the legal description comes into play with your act. Métes: plot demarcation line determined by measuring the distance between two points; can also determine the direction of the property Fortunately, title insurance can help you and your property rights against confusion, falsification, or unclear recorded documents. If you have an outdated survey, you may have an outdated legal description.
Blocks and parcels are displayed that are different from mailing addresses and Crown property descriptions. Metes and bounds: This type of legal description dates back hundreds of years. Make sure you have title insurance. Lenders need title insurance because it protects their interests in the property. If the legal description (and the information it is supposed to contain) is incorrectly stated on the deed, the wrong ownership will be transferred from the previous owner to the new owner. Quick question about legal property descriptions in TN. If you put the legal description of the title on a title policy or warranty deed, does the legal description have to exactly match the capital letters, punctuation, abbreviation and symbol? For example, instead of R-O-W for right of way, is ROW acceptable? Is it appropriate to use the “No” designation in lot descriptions? (Lots 7 and 8 vs Lots 7 and 8) I know it`s a stupid question, but it`s a discussion we`re having. 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. Your property description can also include a block and parcel number that refers to a specific developed area of the city, town, or housing project. 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. In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed.
Avoid using the description of property tax documents, which is often short and insufficient when it comes to legally describing the property. Surveys for the plot and block often depend on the age of the property and whether the corners and other attractions are still there. Hi Raymond, you should always talk to a lawyer about legal documents, but I generally think it`s a good idea to copy a legal description as accurately as possible. Boundaries: describes the dividing line of a property; Generally used to define properties with more area In short, never replace another description for the true legal description. “Instruments” are essentially public notices approved by the land registry and placed (or “registered”) on a particular piece of land. A mortgage, for example, is a type of instrument, just like a deed that transfers ownership from the seller to the buyer. Other instruments may create rights to your ownership of neighbouring land or impose obligations on your land for the benefit of others. Instruments (such as R plans) are each given a unique registration number.
These alphanumeric numbers look like “PE1234” or “QR4567” and your country can either “succumb” (abbreviated as “S/T”) or “with” (“T/W”) to these instruments. These numbers alone mean nothing. The document of the deed itself must be retrieved by your real estate agent from the land registry to understand what is going on. If you see any of these instruments in the legal description of a property you are buying, a flag should appear in your head and further investigation is necessary if you do not want an unpleasant surprise. You are not interested in having your property “subject” to the neighbour`s rights to drive on part of it, or do you want to know that there is an easement for a natural gas pipeline that runs under your property? A good broker will review the instruments before making an offer on your behalf. The situation you want to avoid is to contractually commit to a purchase, only to discover that the property you want is actually “subjected” to something that no longer meets your needs. 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.