Get the legal description of your property checked through a land survey so that you know you have everything aligned and ready to go. creates a cloud on the house title. A legal property description is a way of identifying property to ensure complete and legal accuracy. Use of our site, products, and/or services are governed by our Terms and Conditions. If youre looking for your block or lot, find the survey of the development (the plat). Enrolling in a course lets you earn progress by passing quizzes and exams. A real estate legal description for a deed is not made up of the glowing Thank you!
Legal Description Of Real Estate - isalegal This description can be written in a few different forms depending on where the property is located in the United States. A legal description provides legal evidence of the boundaries and allows a surveyor to accurately determine property lines at a later time. It is not Try refreshing the page, or contact customer support. description you supply for your deed. Its a hard rule that deeds have to include the propertys This is reflected in some of the language used. Our Levelset Scout Research team is an entire division dedicated to helping customers identify missing or conflicting property information and project stakeholders. The townships location in relation to the states parallel line is where townships get their name. It is best practice to proofread the legal description multiple times to be sure that every letter and item of punctuation appears exactly as it did in the prior deed. is an attorney and legal author based in Austin, Texas. Metes and bounds: This type of legal description dates back hundreds of years. A township is a 36-square-mile area further divided up into 36 separate one-square-mile sections. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. In short, never substitute another description for the true legal description. The block, in turn, may be located by metes and bounds. This system of land surveying is based on the north-south lines of longitude, which are called meridians, and the east-west lines of latitude, which are called parallels. Jeramie Fortenberry, J.D., LL.M. While there will be a fee for that new title, it will ensure that youre in the clear. Your street address is also far short of a legal description because these are unreliable and can change. . We envision a world where no one in construction loses a nights sleep over payment. Sometimes landowners will confuse the legal descriptions with other descriptions of the property, like their street address or the description shown in the property tax records. Notify me of follow-up comments by email. She used to help New Yorkers find affordable housing, now she helps people find affordable land around the US.
Real Estate Legal Descriptions for Deeds What is a Botnet? There are certain important elements that are necessary to add in the document to increase the authenticity of the description. It employs a grid system based on township, range and section numbers. Home What is a Legal Description of Real Estate?
How to Get a Legal Description of Property: An Expert Guide - wikiHow Your email address will not be published. The lots and blocks method tends to be used in more densely populated areas, these are based on a plat system. This is when city planners divided property into general shapes, such as rectangles, to control growth and provide access to utilities. state. I am getting closer to taking the plunge and buying some land. Finally there may be references to other features (shorelines, roads, existing plats just to name a few) that may help to identify location or dimensions. It will include the full Utilizing a property line tie that you made on the northerly line of Sycamore Street, record map values, and the Tarantino Townships are then divided into 36 sections of one square mile each. descriptions, and the components that form them, read on. Need to make a correction? }. These 640 acres would describe a perfect section, although most arent. This system primarily applies to larger areas of land that were originally public lands later sold or still retained by the government. 17 Ways a Lien Gets You Paid. Why is this term important? Well, there are currently around 11 states that explicitly require a full legal description of the property on a mechanics lien statement. An example of a lot and block description might include Lot 3 of Block 29 in the Rosemont Subdivision plat as recorded in Map Book 13, Page 487 at the Recorder of Deeds, Marshall County, SD. on the deed, to be valued accordingly. For instance, there is a home that goes by 11757 Moorpark Ave in Los Angeles County. What Do I Do If I Miss a Preliminary Notice Deadline?
Legal Description Of Property: Definition And Guide - SmallBizGenius Quick question on legal property descriptions in TN. Generally, the most accurate results are obtained by searching by the parcel number (if you have it), because thecounty also uses this number to describe the property. Surveyors have access to equipment and information that allows them to determine with precision a property's exact boundaries. These legal descriptions are all about location and dimensions. An erroneous deed should not simply be re-recorded together with A proper legal description serves as the foundation for transferring real estate and is required in deeds, mortgages, and other legal documents. These are some examples of what such a description should look like. How to get it: Property Legal Description & Vesting Report is offered in all plans. Generally, the same people who indented to make it easy to spot. Contractors as Projects Pile Up, Google Maps for construction aggregates Pushes for Building Materials Price Transparency. } These square miles are called sections and are numbered. | 16 materially alter the property or its value.The scrivenersaffidavitalso has to meet all applicable rules set by the county and state, but it is It is different from the mailing address of a property in that it is not set by the post office but instead is determined by a professional surveyor who physically measures the land and records its specific location. The difference is that when these lots are recorded on the plat, they're given a much simpler identifier.
How to Find the Legal Description of a Texas Property This is why 40 acres is a common land size for land in the U.S. a section of land has 16 blocks of 40-acre tracts. A legal description of a property defines the exact geographical location of the property. This also provides surveyors to be able to check the property and tally all information mentioned in the legal document, and ask questions. Fortunately, title insurance can help protect you and your property rights against any confusion, forgery, or unclear recorded documents. Especially in urban areas, a legal description can be found using the lot-and-block (recorded plat) method. Smaller parcels within the platted subdivision are mapped out with courses and distances.
11+ FREE Property Description Templates in PDF | DOC Our user-friendly interview walks you through the process with state-specific guidance to help you create the right deed for your state. Your deed needs to have an accurate legal description of your property, so if youre looking for the legal description after you already own a parcel of land, then this is the best place to look. Legal descriptions of real estate must always identify the county and state the property is located in. 2, No. the location of their plats. Click here for an example of a metes and bounds legal description in an actual deed. Life Estate Examples & Remainderman | Life Estate Overview, Attachments & Severance in Real Estate: Definitions, Examples & Laws. In Minnesota, if the platted description is used prior to the recording of the plat, documents containing the platted descriptions would be invalid. Subdivisions, shortplats, and even condominiums are under this umbrella. The accurate legal descriptions are from 1994. The legal description of a property is one of the most critical pieces of information thats involved in a land transaction. . A legal description for a condo identifies the unit, and sets The beginning part looks like this and goes on from there: THE WEST 20.60 FEET OF THE EAST 65.0 FEET OF THE NORTH 272.25 FEET, TOGETHER WITH THAT pART OF THE EAST 44.40 FEET OF THE SOUTH 8.52 FEET OF THE NORTH 81.55 FEET (AS MEASURED ON THE EAST LINE AND AT RlGHT ANGLES THERETO) WHICH LIES BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF +20.06 FEET A legal description of a property defines the exact geographical location of the property. The legal description is an essential component of a deed that describes and defines the property that's bought or sold. Conducting a legal property description search on your own can prove difficult, but not impossible. It cannot be used to repair any error that would At the end of the day, you own what is written in the legal description of your deed. For example, a township that is located 2 miles south of the states parallel line and 2 miles east of the vertical line would be T2S-R2E, or Township 2 South, Range 2 East. | Construction Industry Accounting, What Is Underbilling? In this blog, well talk about everything you need to know, including how to read the legal description of your property. This one seems a little silly, but youd be surprised how often this comes up. It is usually easy to find by looking for these clues: The wording of the legal description can vary depending on the type. (Its never a perfect world so there may be some exceptions to this rule.) Our legal description assistance service can locate your legal description for you and re-type it for use on your new deed. The plot most often uses metes and bounds descriptions to identify the perimeter of the platted land. Minor ambiguities can be more easily repaired, using a scrivenersaffidavit. For example, the north half is referred to as N/2 (320 acres) or the northwest quarter is referred to as NW/2 (160 acres). Each state has a set of legal rules for correction Use our Lease Agreement to attach a legal description to your lease. And that's not all, gathering all the information required for preliminary notices and mechanics liens is particularly difficult. This top-floor, two-bedroom luxury apartment comes with a 12 sqm conservatory terrace which can be opened in summer. property line, or if it has directional errors or refers to the wronglot, A 15.050-ACRE TRACT OF LAND SITUATED IN THE WILEY S. POWELL SURVEY, ABSTRACT 622, HARRIS COUNTY, TEXAS, BEING OUT OF THE ALLEN INDUSTRIAL PARK, AN UNRECORDED SUBDIVISION OF 20.48821 ACRES AS DESCRIBED IN DEED TO IDM EQUIPMENT, LLC, RECORDED UNDER HARRIS COUNTY CLERKS FILE NUMBERS 20070592667 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO TRACTS 1-6) AND DEEDS TO IDM EQUIPMENT, LTD. For most people who are actually into real estate and property, know that buying land isnt an easy process. succeed. 1. If a mistake is found after closing, it should be fixed deed being prepared. Because having an incorrect legal description means you may not receive the right parcel of land. Going through the mechanics lien process on your own can be challenging. If the legal description doesnt correctly trace the Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. A grid made up of north-to-south lines called meridians intersect with east-to-west lines known as baselines. These include the Rectangular Survey System, metes and bounds, and lot and block. A warranty deed is a deed in which the seller, also known as the " grantor ," guarantees to the buyer, also known as the "grantee," that he holds clear title to the property, and that he has a legal right to sell it.
Each part of the United States was assigned a specific meridian and parallel as a reference point. The legal description includes the county and state of the property, but not the city. Error in the Legal Description of the Deed: What Happens Now? This description provides which survey map to reference, the book and page number where its recorded, P M refers to the block, and the property is on lot 2.
PDF Legal Descriptions check with the county recorders office to find out which is used. If you have case-specific questions about a transaction, or anticipate The legal descriptions starting changing in 2001 via Quit Claim deeds and changed again for a the final Warranty Deed surfacing in 2003. Some of those are: According to Law Insider, here are some of the sample property clauses that are typically used in a legal description of property. The Rectangular Survey System uses lines of latitude (called baselines) and longitude (called meridians) to divide large areas of land into rectangular and square sections called quadrangles. Only pay when youre ready to create the deed. Metes and bounds is a survey method that relies on tracing the corners of a property. This is common for businesses, as they may want an address that is easier to remember, or the businessis part of a larger parcel and a different address is used to encompass multiple addresses. There are numerous requirements, notices, and deadlines that must be complied with. Sample Legal Property Descriptions Sample 1: . A legal description of property is a way to define or accurately pinpoint where a particular piece of property is located. How to do a legal property description search, Problem 1: Nothing comes up by property owner name, Problem 2: Nothing comes up by municipal address, Common mistakes with legal property descriptions, Mistake 1: Not including the full description, Mistake 4: Including physical descriptions, How Levelset finds missing or incorrect project information, this guide to the top 4 things you should know, Download our free Legal Property Description Cheat Sheet, Guide to Alternative Dispute Resolution (ADR) in Construction. Published Oct 02, 2014 | 1/2 SE 1/4 SW 1/4, S24, T32N, R18E The descriptions are generally read from front to back.
What is a Legal Description? | Zolo.ca This can be done by using the address, a map, or GPS coordinates. Sample 1 The legal description starts with a landmark, which could be a point identified in the USGS Public Land Survey System. The description part of the legal description is a sort of shorthand that provides location and dimensions by referring you to a specific parcel on the recorded map. A parcel of land identified as "Tract One of Mann's Subdivision" per Map Book 3, page 17, Records of _____ County, California, is shown below. . To translate, this provides coordinates and then how far in what direction each of these coordinates goes to, which make up the full property. Working backward through the description, this would mean section 14 of the township located 1 township west and 2 townships north of the Six Principal Meridian located in Nebraska. Legal descriptions are essential to the land buying process, and thus knowing how to read the legal description of a property is equally as important. The preferred method for writing a legal property description depends largely on the location of the property. Or Contact us today at 425-255-6969! He has been practicing law since 2005. How to Add a New Owner to the Title Deed to Real Estate, How to Remove a Deceased Owner from a Title Deed to Real Estate. But if you are curious about the main types of legal
LEGAL DESCRIPTION OF PROPERTY Sample Clauses For most states Texas and the east coast are exceptions the Public Land Survey System or Township System is used to organize and describe land. So what exactly is a legal property description? His practice focuses on meeting the needs of real estate owners and investors. lot(s), the block in which the lot exists, the county, state, and subdivision, Get free payment help from lawyers and experts. The legal description is used to create a legal record of the property that can be referenced in the future. Sections are further divided into quarters and so on.
PDF Sample Legal Property Descriptions A legal description is used to describe the location of land in legal documents (for example, the deed to your land). correct the information recorded on the problematic deed. Based upon these reference points, the land is further divided into townships of 36 square miles. What is a Land Survey? The US Government took land surveys ages ago, and used two basic methods to divide and identify land; metes and bounds, and lots and blocks.
Translating legal description of property - Bogleheads.org Minneapolis Addition). This problem can also occur for residential projects. Example of a Lot & Block Legal Description, Example of a Condominium Legal Description. Youll need the legal description for any sales contracts, deeds, and mortgages. This transparency is important in every corporate transaction, but especially in real estate matters. That said, before you move forward with any sale, you should ensure you and your real estate agent have verified how old the legal description is. View company ratings & claims paying ability. - Definition, Detection & Security, Asymmetric Threat: Definition & Characteristics, Nanotechnology: Definition, Applications & Examples, Working Scholars Bringing Tuition-Free College to the Community. mortgage agreement or title insurance commitment should match the legal These were standardized measurement systems for tracking distances longer than a couple of yards or feet. complete legal description. I think that well escape without a recession: Economists Weigh in on Material Prices, Construction Financial Outlook, Months After Major Concrete Strike, Seattle Construction Projects Still Feeling Effects. estate from one person to another. Check that the digits and every decimal boundaries and dimensions, taking note of natural and constructedmarkers. Most counties will have a copy of the deed filed in their county assessors office. But what exactly does that What is a cost-plus contract and how is it used in the construction industry? A legal description is a written record of a piece of land containing information that clearly identifies it. defines it as a "formal, detailed, and sufficient property/asset description that definitively identifies and locates a specific property.". Recording Problems: Legal Description Attached Or Is It. Please be sure to consult a legal or financial professional before making any investment decisions. Rectangular Survey System | Definition, Process & Examples. In the U.S., it is a misdemeanor to intentionally destroy, remove, or deface permanent survey markers. It's more authoritative than the address and the parcel number, and if this information is stated incorrectly on a deed, the wrong piece of real estate will be transferred. Cautious buyers have stake surveys done before closing, to verify the actual boundaries rather than assume fences are in all the right places. All their property documents were filed through two tile companies. A formal description of real property, including a description of any part subject to an easement or reservation, complete enough that a particular piece of land can be located and identified. approvals. She has a Masters in English and Creative Writing from Southern New Hampshire University and a Bachelor's in English from Thomas Edison State University. Every lot and block survey is part of a larger plat map which has a permanent reference monument or control point. All right, let's take a moment to review what we've learned. Once you have the location, you will need to describe it in legal terms. Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. DeedClaim is a computer-assisted document assembly platform. 01. The best place to find a legal property description is to locate the deed. Commence at the NE Corner of the East of West of NE of SW of Section 17, Township 1 North, Range 12 West and run S degrees 0308 E, 28 feet to the South right of way line of Silver Lake Road and the Point of Beginning; thence continue S 0 degrees 0308 E, 409.67 feet; thence N 89 degrees 5441 W, 314.69 feet to the East line of a 20 foot easement; thence run N 0 degrees 0427 W along said line, 409.50 feet to the South right of way line of Silver Lake Road; thence run S 89 degrees 5641 E along said line 314.86 feet to the Point of Beginning. The surveyor must find three of the sections certified corners which are a mile apart and walk there with their equipment following the instructions on the legal description. The description on a
Property Descriptions 101: How to Write Listing Descriptions The description must be complete enough that a parcel of land can be located and identified based on what is written. Ths description acts as a legal binding to confirm the identity of the land that a person is interested in buying . Whats the real estate legal description that goes on a deed? As a member, you'll also get unlimited access to over 88,000 forth the elements described in the associations master deed, including all This system is commonly used in urban and suburban areas where land has been divided into smaller parcels. If you have questions regarding a legal description on your purchase and sale agreement, our property information specialists are prepared to assist. the following described property, situated in the Parish of Vernon, Louisiana, to-wit:- Southwest quarter of Southwest quarter (SW of SW ) and West Half of Southeast quarter of Southwest quarter (W SE SW) of Section Eleven (11), Township Four Public Land Survey System illustration: public domain. What is the Difference Between Phishing and Pharming? All other trademarks and copyrights are the property of their respective owners. Home Blog Real Estate Legal Descriptions in Plain English. All deeds are attorney-designed and guaranteed to be in a format that meets state recording requirements. Legal Property Description Search | A Complete Guide. THENCE North 021410 West, with the east line of said Wright 8-acre tract and the west line of said Lots 13 (called Tract 5), 12 (called Tract 6), 11 and 10, at a distance of 189.34 feet pass a found 3/8-inch iron rod bears North 8746 East, 0.9 feet, at a distance of 377.34 feet pass a found 3/4-inch iron rod, continuing in all a total distance of 749.80 feet to a 1-1/2-inch iron pipe found at the northeast corner of said called 8-acre tract of land and an interior corner of said called Lot 10 and the herein described tract of land; THENCE South 871731 West, a distance of 644.77 feet with the north line of said called 8-acre tract of land and a south line of said Lot 10 to a found 1-1/4-inch iron pipe found in the northeasterly right-of-way of the Burlington Northern Santa Fe Railroad at the northwest corner of said called 8-acre tract of land and the most west southwest corner of said called Lot 1 0 and of the herein described tract of land.. It may also be used in legal proceedings to prove ownership or to establish boundaries. As one of the most critical pieces of information thats involved in land transactions, legal descriptions are important to understand before buying property. corrected and recorded anew. each county within the state publishes a unique set of rules to follow. A legal property description is a way of identifying property to ensure complete and legal accuracy. Also, please click to view our related article: What Makes a Real Estate Description Legal? deeds. All a surveyor has to do to confirm the boundaries is go locate Lot 6 as shown in that book and then follow the metes and bounds description. Subs, suppliers, GCs, owners, and insurers. 4min read Read your property deed Townships in property descriptions Including subdivision plats Using metes and bounds Supplemental property information In order to transfer ownership of real estate, the deed must contain a unique legal description of the property that identifies it. A legal description is a description of real property by a government survey, a metes and bounds survey, or by lot numbers of a recorded plat. This statement, which is also known as the land description or land boundary description, is a legal requirement and must be included on the deed to the property. ", They act as an unbiased third-party fact-checker. 14 Things You Should Know in 2023. Deeds.com: How Here's an example of a PLSS legal description: N 1/2 SE 1/4, SW 1/4, S24, T32N, R18E amendments. The Rectangular Survey System is best for large governmental properties. binding summary of a property survey. Hello Don, a survey does not become outdated, but a surveyor is only liable for the survey for a set time period; therefore, it is generally a good idea to have a new survey done if this time has passed should you be buying a property or building on one. However, when dealing with one geographic area, the descriptions will tend to follow the same wording and language. Get off, and contact us. In essence, it defines the real estate that youre buying or selling. Can You File a Mechanics Lien without a Preliminary Notice? promptly, while the transaction is fresh in everyones mind, and while everyone Anyone following the instructions would walk the perimeter of the property. Complete the interview at no charge. There are numerous requirements, notices, and deadlines that must be complied with. Click on any link below to see examples of various types of legal descriptions & the maps that go with them. As you begin learning about reading legal descriptions, youll realize that there are different types of legal descriptions. Example of a Condominium Legal Description There are three main systems of writing a legal property description. However, keep in mind that some legal descriptions are incredibly complicated, and as noted above, there are different types of legal descriptions, which means it can get complicated if you dont know exactly what youre looking for. The real estate legal description of a property is a way of explaining the exact, geographic location of the property. A street address also identifies a physical location but not in the same way that a legal description defines it. A metes and bounds property description will generally look like this: WYNDHAM HEIGHTS 158-5 B PARCEL F LESS:COMM NE COR PAR F W 406.83,S 302.98,W 93.50 TO POBS 208.13,W 247.80,N 166.10,NE 42.74,E 240.01 TO POB & LESS PT K/A CVS PROPERTY AS DESC IN OR 36186/389 & LESS ATLANTIC PROP. - Definition & Types, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses. Starting at an origin point, the surveyor follows a compass heading for a specified distance until they reach a new point or another property line. I used to think getting paid in 90 days was normal. Whenever an interest in property is transferred from one A mailing or street address does identify the location of a building, but streets can change names, land can be divided, and sometimes the address won't even match the actual legal property description. Sometimes it appears on an attached exhibit, of property. Going through the mechanics lien process on your own can be challenging. A metes and bounds description is commonly used in relation to the U.S. Government Survey System. Unplatted refers to all the other lots that dont have an approved plat recorded. Youll hear about metes and bounds, and also about lots and 7 and 8 vs Lots 7 and 8) I know this is a silly question, but it is a discussion we are having. The legal description of a property includes specific details that identify the physical, geographic location of the parcel. The legal description is kept with the deed and filed with the county clerk or county tax accessor. Legal descriptions generally use one of two methods: the lot and block system or the metes and bounds system. 12). Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting.
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