The above information is intended to help you understand legal property descriptions. However, when buying or selling real estate, it is usually not necessary to fully understand the details of property descriptions. It is important that the deed, mortgage or other property document contains an accurate description of the property. Edward A. Haman is a freelance writer who is the author of numerous legal self-help books. He practiced law in Hawa. Read more An accurate legal description of property is essential when real estate is transferred or pledged. 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 body 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 bolded to distinguish it from the rest of the document. See the following examples for an illustration. 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`s an example of a description of boundaries: Despite the inherent importance of the legal description of a property, I`ve found that most real estate investors have no idea how to understand or interpret this bizarre sequence of letters and numbers. You simply copy and paste it from one document to another without understanding what it means, why it`s important, and why accuracy is crucial. The parcel and block format of the legal land description is used on the maps and platforms of the registered subdivided parcels.
This form of land description is also referred to as the Classified Map System, Registration System, Registered Card System, Property Block Wing System, and Registration System. All legal descriptions indicate county and state, but how the description is worded varies. However, there are some interesting exceptions. Texas, once an independent country, is mainly divided into “surveys” based on former Spanish land allocations. In the Lone Star State, a legal description begins at a certain point of elevation (the starting point or POB) and runs from there as a “mixed-race and boundary” description. That`s why 40 acres is such a common size for land in the United States. A plot of land has 16 blocks of 40 hectares. The surveyor can start at some point in this section and run a boundary description to identify your 20.02 hectares. For an example of how a legal description of a lot and block appears on an actual deed, see Example of an act – Lot and block.
In legal documents such as lien, deed, trust deed, mortgage, and purchase agreement, courts require an accurate description of a property`s location. This is not just the address of the property, but a legal description. There is more than one type of legal description you need to know for your exam. The plot and block description method is the subject of this article. A piece of land is a single piece of land that must be transferred in its entirety to a buyer. A block is usually a group of contiguous parcels bordered by roads, such as a city block. To transfer ownership of immovable property, the deed must contain a clear legal description of the property that identifies it. In order to have a valid mortgage on a property, the mortgage must also contain this legal description. 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 of common units used to measure distance and area in real estate: OR: It can describe a piece of land by dividing the section into breaks. To put it simply, the legal description of a property is the definition of the property that is bought and sold.
It is more restrictive than the address and parcel number, and if this information is incorrectly indicated on a deed, the wrong ownership will be transferred. Fractions larger or smaller than 1 square mile also occur for reasons other than the fact that the meridians are not exactly parallel, which often occurs because the rectangular survey was done by separate teams working independently, resulting in deviations of less than 6 miles between the different areas studied. Fractions can also be caused by physical difficulties when surveying the land, such as because part of it has been submerged in water or because a municipal boundary has been delineated by a state boundary. Areas smaller than the full quarter section of 160 hectares are said to be without government. In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed. Note: Some legal descriptions are VERY complicated and require an experienced eye to fully “decipher” the information. This article won`t make you an expert overnight, but I think you`ll see how useful it is to have an introduction that clarifies a rather confusing topic. If you liked this and are hungry for more country tips, read E.B. Farmer`s Landflipping book, blog, and full online course (be sure to use the discount code “RETIPSTER” at checkout to save quickly). Contracts of sale, 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 qualified surveyor to determine the exact boundaries of the property.
The legal description of a property does not include the buildings within it – only the property lines. The legal description is also an important determinant in determining the price of the property. Although the address is necessary to locate the property, it is not sufficient 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.