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 usually created by a licensed land surveyor who is trained and authorized to locate and determine the legal description of a property. Only a licensed surveyor should create descriptions of objects, as inaccuracies can lead to title issues later on. The land surveyor prepares 2 documents: a survey containing the description of the property and a survey sketch showing the location and dimensions of the parcel. If the location, size and shape of buildings on the property are also indicated, then it is called a one-time survey. 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. A legal description is one 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 not sufficient to be considered an adequate legal description: However, before proceeding with a sale, you should make sure that you and your real estate agent have verified the age of the legal description. The other legal description system is the lot and block system (also known as the registered flat system), which refers to specific parcels identified by a lot number or letter and the block or subdivision platform in which the lot is located.
The block itself is located using the metes-and-bounds system or the rectangular surveying system. To identify a particular parcel, the lot and block system shows the lot and block number, the name or number of the subdivision platform, and the name of the county and state. If you have an outdated survey, you may have an outdated legal description. Sometimes the legal description is attached to the document. If this is the case, the text of the document usually refers to the attached legal description. For example, the body of the document might refer to the property as “. the lands described in Schedule A.” Appendix A is appended to the document and contains the legal description. Because a bad legal description means you may not get the right property. When creating a legal description, you must use the exact legal description that was on the last deed of ownership. Measures are a necessary part of any legal description. The old measurements were based on chains and rods because surveyors used them to measure distances. The following list shows the relationship between common units used to measure distance and area in real estate: 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. The legal description of a property is one of the most important pieces of information involved in a land transaction. To get a legal description of the property, first contact the local county clerk or assessor`s office and ask how you can get a copy of a title deed. If you are the owner of the property and you have misplaced the deed, you can contact the real estate agent, lawyer or securities company that processed your financial statements to obtain a copy. Once you have received the title deed, look at the legal description and note if there are any inaccuracies. In addition, the legal description of a property can also appear on annual property tax returns. To learn how to legally correct an error in an act, read on! Descriptions of Métis and markers were used in the original 13 settlements before the rectangular survey system was developed.
A description of bounds and boundaries uses boundary lengths and angles that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence the name. Starting with the POB, it describes the length of each boundary and the angle it forms with the previous boundary. This continues to the end point (POE), which is identical to the starting point, because all properties must have closed boundaries. 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 the legal description was copied and pasted from an outdated survey, it`s worth hiring a surveyor who can update this information for you. Search the dictionary of legal abbreviations and acronyms for acronyms and/or abbreviations that contain Ready. Sometimes property owners confuse legal descriptions with other descriptions of the property, such as its civic address or description in property tax records.
Here`s an example of what a legal description of a property can look like when you`re looking for yours. Some properties may include descriptions that include elevations. Surveys must also be used for so-called airfields or underground rights. For example, condos on the upper or lower floors can be described in terms of a date, which is a point, line or area from which heights are measured. The United States Geological Survey (USGS) refers to a date defined as the mean sea level in New York Harbor. The legal description is a description of a property that can sufficiently identify it for legal purposes. 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.
In this blog, we`ll talk about everything you need to know, including the legal description of real estate. Keep in mind, however, that some legal descriptions are incredibly complicated, and as mentioned above, there are different types of legal descriptions, which means it can get complicated if you don`t know exactly what you`re looking for. The Metes and Bounds description has a starting point and a starting point. Have the legal description of your property verified by a survey so that everything is aligned and ready to use. Legal descriptions always state the county and state in which the property is located. There are 3 independent methods that can be used to determine the exact location and boundaries of a property: 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. When you start reading legal descriptions, you will notice that there are different types of legal descriptions.
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. Avoid using the description of property tax documents, which is often short and insufficient when it comes to legally describing the property. Today, the accuracy of object descriptions is greatly improved by computers, satellites, lasers and global positioning systems (GPS). The Federal Bureau of Land Management and the USDA Forest Service are developing an Integrated National Land System (NILS) that uses nationally accepted methods based on new technologies and software to record survey data and other information for land records. 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. It is important to remember that the legal description is the only one that is legally sufficient to transfer the property described.