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, the name of the subdivision, as well as the county and state. The legal description is a description of a property that can sufficiently identify it for legal purposes. Small question about legal property descriptions in TN. Does the legal description in the legal title description on a title policy or warranty deed have to exactly match each capital letter, punctuation, abbreviation and symbol? For example, is ROW acceptable instead of R-O-W for the right-of-way? Is it appropriate to use the description “No” to describe lots? (Lots 7 and 8 vs lots 7 and 8) I know it`s a stupid question, but it`s a discussion we`re having. A professional land surveyor creates legal descriptions of real estate. 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. Sometimes property owners confuse legal descriptions with other descriptions of the property, such as its civic address or description in property tax records. Legal descriptions are essential to the process of buying land, so it`s just as important to know how to read the legal description of a property. The title officer and surveyor will detect any problems with the legal description and remove the cloud on the title before closing. If the parcel 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 property line.
There are two main types of legal descriptions: lot and block descriptions, which are most commonly associated with subdivisions; and Metes and Bounds descriptions used for undeveloped properties. Some legal descriptions include both lot and block descriptions and Metes and Bounds. By carefully reading the legal description of your document and comparing it to the legal description of a previous document, you can ensure that your document contains the correct legal description. Blocks and parcels are displayed, which are different from street addresses and state property descriptions. The surveyor must find three of the certified corners of the section – which are one kilometre apart – and get there with his equipment according to the instructions in the legal description. Our neighbor has about 4 different legal descriptions of the deeds filed in the district clerk`s office. We believe the legal description has been changed so that they can take over an easement that could be used as a personal driveway for themselves. The legal descriptions began to change in 2001 via Quit Claim Deeds and changed again to a final deed of guarantee which appeared in 2003.
The exact legal descriptions date back to 1994. So many documents have been deposited in the office of the clerk of the court over the years, now they have buried the old documents. How do we know who changed the legal descriptions and whether we should actually have access to the easement? All of their ownership documents were submitted through two tile companies. Why would a title company accept so many different legal descriptions for a property? Are you confused when you`re just learning to read legal descriptions of real estate? There are different types of legal descriptions (see below), but these distinctions are often not relevant to the process of preparing the act. 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. All deeds in the chain of ownership must have an identical legal description. It is usually found on the document after a sentence similar to this: “the particular piece or piece of land described as follows”. If that`s wrong, then you`re not really legally the owner of what you think you`re doing.
In most states, property descriptions often include a reference to a municipality. This goes back to a survey plan drawn up by the federal government in 1785. Have the legal description of your property verified by a survey so you know everything is lined up and ready to go. 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 main part 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 printed in bold to stand out from the rest of the act. For illustrations, see the following examples. When you start reading legal descriptions, you will find that there are different types of legal descriptions.
As a general rule, the legal description comes into play with your act. There are three different formats of legal descriptions: the rectangular survey system – also known as cutting ground, lot and block, and boundary markers. Your legal description can be found in your title obligation, either in Appendix A or as Appendix A in accordance with Schedule B, Part II. A legal description is a description of real estate that is sufficient to identify it for legal purposes. When creating 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. If the legal description was copied and pasted from an outdated survey, it`s worth hiring a land surveyor who can update this information for you. 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 look. Metes and limitations: This kind of legal description goes back hundreds of years. While the legal description of a property can be controversial, the solution is often to hire another land surveyor on whom both parties agree to perform an additional version of a survey.
To transfer ownership of immovable property, the deed must include a clear legal description of the property that identifies it. To have a valid mortgage on a property, the mortgage must also include this legal description. Understanding the different types of deeds can help you make good decisions when it comes to buying real estate or understanding the legality of inheritance. However, keep in mind 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. In short, never replace another description with the true legal description. The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. A rectangular survey system or legal description of the section looks like this: “In Township 2 North, Range 5 West, Boise Meridian, Owyhee County, Idaho Section 4: Southeast quarter of the northeast quarter of the northeast quarter. In this type of legal description, the map is divided into sections, these sections are then divided into smaller neighborhoods and even neighborhoods. Avoid using property tax file descriptions, which are often short and inadequate when it comes to legally describing the property. Finally, legal descriptions of Metes and Bounds are created and used by a licensed surveyor to describe a particular piece of soil in terms of distances, angles, bearings and directions. These can be used to describe anything outside of a subdivision-type property, but can tend to be quite long. The beginning of a legal description would look like this: “Part of the southwest quarter of the southeast quarter of Section 35, Township 2 North, Range 4 West, B.M., Owyhee County, Idaho, more accurately described as follows: from the corner of the southern quarter of said Section 35 … In this section, we will try to decipher how to read the legal description of the property using the grid system adopted by the United States in 1785.