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. In this section, we will try to decipher how to read the legal description of property using the grid system adopted by the United States in 1785. The title agent and surveyor will detect any problems with the legal description and remove the cloud on the title before closing. You can find the legal description of the property in the current deed, which must be filed with the county clerk or the office of the registrar of deeds. This entity is sometimes referred to as a registrar. You can also find it in the purchase contract. There are several methods to determine the legal description of a property: As a rule, the legal description comes into play with your deed. If the father had been aware of the discrepancy in the legal description before his death, he could have ensured that the farm was divided fairly among his children, as he had planned. Small question about legal property descriptions in TN.
Does the legal description in the description of the legal title on a title policy or on a warranty deed have to exactly match each capital letter, punctuation, abbreviation and symbol? For example, is ROW acceptable instead of R-O-W for right-of-way? Is it appropriate to use the “No” description to describe lots? (Lots 7 and 8 vs Lots 7 and 8) I know this is a stupid question, but it is a discussion we are having. 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. Your address is also far from being a legal description, as it is unreliable and can change. Knowing how to read the legal description of a property is a skill that many landowners and property buyers neglect. It is important to remember that the legal description is the only one that is legally sufficient to transfer the described property. 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 a legal description. Without a proper description, you, as a seller, may find that your sale was invalid due to an incorrect description of the land. Nor is this always accurate. Not only are meters and boundaries not always an exact measurement, but also lots and blocks can differ by a few meters here and there. You may be wondering how this could have happened. Often, this is a coincidence.
A homeowner builds a garage on a line that they think is the property line, but is actually two feet from it, and can move a neighbor`s property line by two feet. For this reason, some securities companies will still conduct an investigation, even if the legal description is a lot and a block. There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and descriptions of Metes and Bounds used for unloted properties. Some legal descriptions include both lot and block descriptions and Metes and Bounds. Legal description is a term commonly used in real estate transactions. Bankrate explains it. Find out what a real estate purchase agreement does and what it should include. The above information is intended to help you understand the legal descriptions of ownership. However, for the purchase or sale of real estate, it is usually not necessary to fully understand the details of land descriptions. It is important that the deed, mortgage or any other country document contains an accurate description of the property. 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. 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 appropriate legal description.
Because a bad legal description means you may not get the right property. For more information than what is in the files, or to verify accuracy, a surveyor would physically visit the property. As one of the most important pieces of information involved in land deals, legal descriptions are important before buying a property. “Surveyors should never use an address to ask questions, as an address could be incorrect. Using the legal description tells us exactly where the property is by finding those specific permanent reference points or monument points to find the property. If a surveyor works by address, he could inspect the wrong property. A legal description of a property does not require the presence of a street address. Since street names and addresses can change, a street address is often used only to describe the address of a current home. If there is an invalid address, it must be waived. These descriptions are the easiest to write, but they are the most difficult types of legal descriptions to oversee. It describes a property by breaking down a section. This method requires more time to calculate the dimensions, which leads to higher costs for conducting the survey.
A more common legal description is Metes and Bounds. It is a centuries-old system of public surveying. With this method, the cantons and chains are divided into sections, each covering 640 hectares. The legal description indicates the location of a particular property in its respective municipality, territory and section. To avoid litigation, the best way to determine the accuracy and completion of a legal description and confirm the boundaries of the property is to obtain a new survey before completion. The description gives the surveyor important instructions that he must follow to make this decision. If you have an outdated survey, you may have an outdated legal description. A legal description of a property is a way to determine exactly where a particular property is located. This is usually based on existing cantonal grids and uses a combination of alphabetical abbreviations and numbers to locate the country. Landlords can use our lease, allowing you to simply attach a legal description on top of your lease.
In a legal description of Metes and Bounds, one would refer to the starting point, also known as POB, or the “start point”. For example, you can start at the southwest corner of the southeast quarter of section 32, T1N, and walk a certain number of feet up to a certain degree. The legal description would continue to guide you through a variety of different degrees and angles until you reconnect the line to the starting point and draw an accurate map of your property boundaries. Real estate is all real estate that is connected or attached to the property. The country itself will also enter this classification. The purpose of a legal description of property is to provide a means of identifying a property so that it can be fully identified from the legal description provided. This often means using strict identifiers that don`t change over time. A legal description by a real estate lawyer is always recommended. This way, you can ensure that your description is legal and valid in accordance with local and state laws. This article contains general legal information, not legal advice. Rocket Lawyer is not a law firm or a substitute for a lawyer or law firm.
The law is complex and changes often. For legal advice, please contact a lawyer. With a reporter, you can draw your own legal description of the property, so title applicants had to draw metes and Bounds` descriptions from the book entries of court licensors and fellows. Title search used this method to determine whether a document affected the property sought in public records. Today, most are done via a computer. The legal description of the property is short, to the point and one of the most important documentations that exist in real estate accounting. Its purpose is to prove the exact location and boundaries of a plot. It is used in every real estate transaction to clarify which country – not which building – passes from the seller to the buyer.
It is a unique identifier that is used in all discussions about land ownership. Nevertheless, someone must write the legal description of the property. and sometimes also rewrite. As the owner or owner, you must provide a legal description of the property when renting or selling. This legal description protects you in the event of legal disputes arising from a tenant or after the sale of a property. A legal description of the real estate will be able to identify, describe and locate the property that is transferred or leased to another party. Primarily, the only time a legal description of the property is needed is during the closing process of a sale. However, when it comes to border disputes between neighbors, the legal description is also very important. Other times that a legal description of ownership is used are property disputes and the transfer of land through donations.
Also difficult for laymen to understand, legal descriptions of ownership are accepted by authorities as legal evidence and are an essential part of any deed or contract of sale. .