Because these terms were standardized, they're still useful for measuring the exact boundaries. PDF Legal Descriptions Sample 1 Sample 2 Sample 3 See All ( 4) LEGAL DESCRIPTION OF PROPERTY. A legal description of a property defines the exact geographical location of the property. Nowhere is that more critical than in the real estate legal on the deed, to be valued accordingly. Sample 1 We said it above, and well say it again. property exactly. A Notice of Commencement will contain all the owner and property information necessary to file a mechanics lien. How correction Utilizing a property line tie that you made on the northerly line of Sycamore Street, record map values, and the Tarantino What Do I Do If I Miss a Preliminary Notice Deadline? This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. If you have questions or comments, let us know by commenting below. What is a Legal Description of Real Estate? It describes the propertys boundaries in terms of north and south. Public Land Survey System illustration: public domain. A legal description is a precise, legally meaningful and Based upon these reference points, the land is further divided into townships of 36 square miles. Real Estate Legal Descriptions for Deeds When in doubt, the more information you provide, the better. For most people who are actually into real estate and property, know that buying land isnt an easy process. 2019). a re-written real estate legal description. Going through the mechanics lien process on your own can be challenging. Now I get paid in 17 days. Descriptions Real Property, Legal, or Land Description That Part of the Deed Devoted to the PhysicalLocation of the Property So unique to a particular parcel as todelineate it from any other parcel or tract Must be written in such a manner as to stand any test under law and litigation Failure to properly identify the property could lead to costly delays and potential invalidation of the entire claim itself. The US Government took land surveys ages ago, and used two basic methods to divide and identify land; metes and bounds, and lots and blocks. The beginning part looks like this and goes on from there: THE WEST 20.60 FEET OF THE EAST 65.0 FEET OF THE NORTH 272.25 FEET, TOGETHER WITH THAT pART OF THE EAST 44.40 FEET OF THE SOUTH 8.52 FEET OF THE NORTH 81.55 FEET (AS MEASURED ON THE EAST LINE AND AT RlGHT ANGLES THERETO) WHICH LIES BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF +20.06 FEET The Township System is essential to understand when youre attempting to locate land. But with careful attention to detail, your deed will be clear, estate from one person to another. The real estate legal description of a property describes the exact, geographic location of the property. Property Information Form Template 2. If you search by owner and nothing comes up, this could mean that the person you believe to be the owner is in fact not the owner. The point of commencement helps direct the surveyor to the point of beginning where the property actually begins. of property. What is a Land Survey? You may have correctly identified the larger tract of land, but in order to have an accurate legal property description, youll need to get more specific. When preparing a legal description, youll want to use the exact legal description that appeared on the most recent deed to the property. promptly, while the transaction is fresh in everyones mind, and while everyone 16+ Property Description Examples Eat, Sleep, Wander Need to make a correction? A warranty deed is a deed in which the seller, also known as the " grantor ," guarantees to the buyer, also known as the "grantee," that he holds clear title to the property, and that he has a legal right to sell it. It is sometimes absolutely necessary to be able to read and understand the elements of a legal description of property to make sure there is nothing holding you from revealing or finding out the true identity of the land. The legal description (and in some cases, the municipal plat . . What Makes a Real Estate Description Legal? In fact, they sometimes don't even match. Starting from that recognizable feature or point of beginning,the description maps the propertys layout by a line that comes back around to the starting place. How do you know exactly what you're buying when it comes to land? It is proof to lenders that the property is just as its shown What is a Legal Description of Real Estate? | DeedClaim Encumbrances Definition & Types | What is an Encumbrance? LEGAL DESCRIPTION GUIDELINES for the Department of Public Works City of Austin, Texas (Revised - December 14, 2021 The following guidelines shall be adopted and incorporated into the preparation of all real property descriptions, either for or on behalf of the City of Austin. To translate, this provides coordinates and then how far in what direction each of these coordinates goes to, which make up the full property. In some states, the GC is required to provide this information if requested. Boundsare the distances between them. lot(s), the block in which the lot exists, the county, state, and subdivision, deeds and important rules for using them here. description on the deed. This is common for businesses, as they may want an address that is easier to remember, or the businessis part of a larger parcel and a different address is used to encompass multiple addresses. Knowing how to read the legal description of a property is a skill many landowners and property buyers overlook. When preparing a new deed to real estate, it is best to get the legal description from the most recent deed to the property. Your property description may also say a block and a lot number, which refers to a specific developed area of town, city, or housing project. Minneapolis Addition). Learn more about job research at Levelset. Water & Littoral Rights Concept & Purpose | What are Water Rights? The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Quadrangles are further divided into smaller sections of six square miles each called townships. Why is this term important? Avoid using the property tax record description, which is often brief and inadequate when it comes to legally describing the property. Best of luck with the free land giveaway! Recording Problems: Legal Description Attached Or Is It. Erika is a former Affordable Housing Director for the City of New York turned full-time Land Investor. Title company employees encounter mistakes in legal descriptions The metes and bounds system works well for more rural locations, and the lot and block system is used primarily in subdivisions. A 15.050-ACRE TRACT OF LAND SITUATED IN THE WILEY S. POWELL SURVEY, ABSTRACT 622, HARRIS COUNTY, TEXAS, BEING OUT OF THE ALLEN INDUSTRIAL PARK, AN UNRECORDED SUBDIVISION OF 20.48821 ACRES AS DESCRIBED IN DEED TO IDM EQUIPMENT, LLC, RECORDED UNDER HARRIS COUNTY CLERKS FILE NUMBERS 20070592667 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO TRACTS 1-6) AND DEEDS TO IDM EQUIPMENT, LTD. Especially in urban areas, a legal description can be found using the lot-and-block (recorded plat) method. deeds and important rules for using them here. PDF LEGAL DESCRIPTION GUIDELINES - AustinTexas.gov Published Oct 02, 2014 | Last updated Mar 21, 2023 A legal description is a written description of a real estate that is specific enough to uniquely identify it as distinct from all other properties. Beyond that, the description must contain enough information that a competent licensed surveyor could go back later and clearly identify the property lines. How To Write A Legal Description - isalegal It is different from the mailing address of a property in that it is not set by the post office but instead is determined by a professional surveyor who physically measures the land and records its specific location. deed being prepared. When looking at the plat, the reader may see individual lots identified by letter, ID number, or even a regular street address. A township is a 36-square-mile area further divided up into 36 separate one-square-mile sections. Jeramie Fortenberry Attorney (J.D., LL.M.) The Public Land Survey System (PLSS) is used in legal descriptions. Whenever an interest in property is transferred from one } the legal description. An example of a legal description using the PLSS is given below. boundaries and dimensions, taking note of natural and constructedmarkers. Ian is a 3D printing and digital design entrepreneur with over five years of professional experience. Correction deeds are handled through the submission of An example of a lot and block description might include Lot 3 of Block 29 in the Rosemont Subdivision plat as recorded in Map Book 13, Page 487 at the Recorder of Deeds, Marshall County, SD. While there will be a fee for that new title, it will ensure that youre in the clear. This legal description is required in order to transfer ownership of the property from one party to another. - Types & List, Mousetrapping in Computer Security: Definition, IT Project Risk Management: Framework & Process, What is Ransomware? Last updated Mar 21, 2023. Youll need the legal description for any sales contracts, deeds, and mortgages, When the legal description (and the information that is supposed to be contained in it) is incorrectly stated on the deed, the wrong piece of real estate will be transferred from the previous owner to the new owner, In short, never substitute another description for the true legal description, The townships location in relation to the states parallel line is where townships get their name, 2023 Gokce Capital: We Buy and Sell Land, Gokce Knowledge Class: 31 Things I Learned Selling My First 500 Properties Online (GKC1), Land Investing Mistakes: 11 True Stories You Need To Know, 31 Lessons I Learned Selling My First 500 Properties Online, Silvopasture Definition: 9 Things (2023) You Should Know, Does a Quitclaim Deed Give You Ownership? description is made, but the point is to submit the right description for the 1/2 SE 1/4 SW 1/4, S24, T32N, R18E The descriptions are generally read from front to back. However, when dealing with one geographic area, the descriptions will tend to follow the same wording and language. Its a hard rule that deeds have to include the propertys In essence, it defines the real estate that youre buying or selling. 14 Things You Should Know in 2023. I would definitely recommend Study.com to my colleagues. argues against the correction, the matter could wind up in court in a deed I used to think getting paid in 90 days was normal. All deeds are attorney-designed and guaranteed to be in a format that meets state recording requirements. A warranty deed is the most common type of deed used to transfer real property from a seller to a buyer in . This can be done by using the address, a map, or GPS coordinates. Certified corner records are used to calculate measurements and figure out distances, which takes additional time and costs more money. They get copied and pasted from document to document without thought. and the original grant. 2, No. Jeramie Fortenberry, J.D., LL.M. Sample Legal Property Descriptions Sample 1: . The legal description must contain, at the very least, the city and county the property is located in. Metes and bounds: This type of legal description dates back hundreds of years. They act as an unbiased third-party fact-checker. Legal Property Description Search | A Complete Guide. "text": "A legal property description is a way of identifying property to ensure complete and legal accuracy. What is Overbilling? An accurate legal description is also helpful in the case of resolving property or boundary disputes. Some of those are: According to Law Insider, here are some of the sample property clauses that are typically used in a legal description of property. The title agent and surveyor will catch any problems with the legal description and move to clear the cloud on the title before the closing. Unlike an address, it's a unique identifier. One thing contractors struggle with often is conducting a legal property description search. A mailing or street address does identify the location of a building, but streets can change names, land can be divided, and sometimes the address wont even match the actual legal property description. A surveyor may describe land by dividing the sections into fractions, usually starting with quarter sections. These are two different formats, the latter being a simpler Property Description Report Template 6. deeds substance beyond the correction at issue. deed to add new owners to the deed, create new property interests, or change the simply a street address, or a tax description copied from the home countys There are three different formats of legal descriptions: rectangular survey system - also known as sectional ground, lot and block, and metes and bounds. This is particularly prevalent when dealing with new residential developments. When a newbie goes to buy property, there may be a lot of things they dont know. Its like a teacher waved a magic wand and did the work for me. Our online deed preparation service can create a deed in minutes. or some other substantive problem is present, acorrection deed is A lot and block legal description is created by filing a subdivision survey in the land records. Study an example of legal property and its description. When preparing a legal description, it is important to use the exact legal description that appears on the most recent deed to the property. attached to) a deed is a big deal. Your street address is also far short of a legal description because these are unreliable and can change. Example Problems . Example of a Condominium Legal Description In this section, well attempt to decode how to read the legal description of property using the grid system which was adopted by the US in 1785. When putting the legal property description on a title policy or on a warranty deed, does the legal description have to match every capitalization, punctuation, abbreviation and symbol exactly? It can include varying information depending on which system was used to write the description. All other trademarks and copyrights are the property of their respective owners. "@context": "https://schema.org", For instance, there is a home that goes by 11757 Moorpark Ave in Los Angeles County. binding summary of a property survey. check with the county recorders office to find out which is used. Nabeel Ahmad is the founder and editor-in-chief of Legal Inquirer. Legal Description Of Real Estate - isalegal Your use of this site does not establish an attorney-client relationship. Notify me of follow-up comments by email. As a landlord or homeowner, you'll need to provide a legal description of property when renting or selling. Also termed land description." Try refreshing the page, or contact customer support. When filing your lien claim, youve identified the proper street address and managed to get the full legal property description. Metes & Bounds | System, History & Survey, Real Estate Liens: Overview & Characteristics. Each quadrangle is 24 square miles. This is common in commercial developments, as you may think the person that commissioned the work is the property owner, when they may in fact be a tenant or management company. Mechanics Lien v. Notice of Intent to Lien: Whats the Difference? A legal description using the lot and block system might look like: Lot 6 of Block 12 in the Sunrise Subdivision plat as recorded in Map Book 4, Page 57 at the Recorder of Deeds, Sonoma County, CA. Surveyors create plats to map out thepropertys It's more authoritative than the address and the parcel number, and if this information is stated incorrectly on a deed, the wrong piece of real estate will be transferred. This In Texas, a legal description of a property is typically made up of three parts: a metes and bounds description, a deed reference, and a section and lot reference. A legal description is a written description of a real estate that is specific enough to uniquely identify it as distinct from all other properties. Theres a reason we run an entire service based on helping with the process. If youve read some other articles about lien filing on this website, you may have noticed that we frequently use the termfull legal property description. The legal description includes the county and state of the property, but not the city.
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example of a legal description of a property
