It is important to remember that the legal description is the only one that is legally sufficient to transfer the described property. The legal description of a property will appear on the deed. You can usually find a certificate in your area on a local authority`s website. Be sure to check the latest certificate for the most accurate information. 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. The other legal description system is the lot and block system (also known as the registered plate system), which refers to specific parcels identified by a lot number or letter and the block or subdivision platform in which the property is located. The block itself is located using the Metes and Bounds system or the rectangular survey system. To identify a specific lot, the lot and block system specifies the lot and block number, the name or number of the subdivision plate, and the name of the county and state. The best place to find a legal description is usually the most recent deed on the property (the deed that transferred the property to the current owner).
The legal description is usually included in the main part of the document. Legal descriptions are usually preceded 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 an illustration, see the following examples. All acts in the chain of ownership must have an identical legal description. It is usually found on the document after a sentence similar to: “the particular play or plot is described as follows”. When preparing a legal description, you should use the exact legal description that appeared on the last deed of ownership. Your address is also far from being a legal description, as it is unreliable and can change.
This is very common in rural areas and is called the description of Metes and Bounds. It begins with the description of a point at which the measurement begins, which can be abbreviated by POB for the starting point. It usually contains information about the canton. 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. Hello 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. 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. If you have title insurance, you (or one of your neighbors) have the resources to solve a problem that you notice with a legal description. In most states, property descriptions often include a reference to a municipality. This goes back to a survey plan developed by the federal government in 1785. In addition, parol evidence cannot be the only way to “provide the location or description of the property” and can only help identify the country “from the [written] data”. Wilson, 188 S.W.2d to 152 (citing O`Herin v. Neal, 56 S.W.2d 1105 (Tex.
App.—Texarkana 1932, writ ref`d)). Some properties may contain descriptions for surveys. Elevations should also be used for so-called aerial lots or underground rights. For example, condominiums on the upper or lower floors can be described in terms of date, which is a point, line, or area from which elevations are measured. The United States Geological Survey (USGS) refers to a date defined as the mean sea level in New York Harbor. 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. If the legal description (and the information it is supposed to contain) is incorrectly stated in the deed, the wrong property will be transferred from the previous owner to the new owner. A legal description is a description of a property that is sufficient to identify it for legal purposes.
When creating an act, it is important to use the correct legal description. In most situations, it is best to use the legal description of the last deed to the property. Measurements are a necessary part of any legal description. Ancient measurements were based on chains and rods, as surveyors used them to measure distances. The following list shows the ratio of common units used to measure distance and area in real estate: this type of description often includes individual lots, block locations, the location of the official document and references to the map of the cited platform. Today, the accuracy of property 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 a National Integrated Land System (NILS) that uses nationally accepted methods based on new technologies and software to record survey data and other information for land registers. Purchase contracts, deeds, mortgages, and trust deeds require a legal description of the property that is legally sufficient to be binding, meaning that the description would allow a competent appraiser to delineate the exact boundaries of the property. The legal description of a property does not include the buildings on it – only the boundaries of the property. The legal description is also an important determinant in determining the price of real estate. Although the address is necessary to find the property, it is not enough to identify the property. In fact, addresses are often renamed over time and even physical boundaries can change course, like that of a local stream.
Since each property is necessarily limited in area, any description of that property must necessarily form a closed area.