As a general rule, the legal description comes into play with your act. Your property description can also include a block and parcel number that refers to a specific developed area of the city, town, or housing project. 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. Find out what a real estate purchase agreement does and what it should include. In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785. Metes and bounds: This type of legal description dates back hundreds of years. The township system is important to understand when trying to find land. When creating a legal description, you must use the exact legal description that was on the last deed of ownership.
When you start reading legal descriptions, you will notice that there are different types of legal descriptions. It uses landmarks and distances to measure the perimeter of the property described in the legal description and is based on the physical characteristics of its geography as well as directions and distances. Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you may see a property description that contains a reference to the municipality and section, for example: B. : Hi Jennifer, that sounds like a mess! In complicated situations like this, you should contact a title company and/or land use attorney to check what the correct legal description is and where the correct property boundaries are. 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. Knowing how to read the legal description of a property is a skill that many homeowners and buyers neglect.
The legal description of a property is one of the most important pieces of information involved in a land transaction. “From a point marked by a survey marker on the south side of Jackson Road, 150 feet east of the corner formed by the intersection of the east boundary of State Highway 39 and the south boundary of Jackson Road; from the east 90 degrees 500 feet; thence south 450 feet; thence west 250 degrees 450 feet; from there directly to the point of departure; located in Section Seven in Twenty North Township, Range Eleven East, Perry Township, Delaware County, Indiana. For most states — Texas is an exception — the public land survey system or township system is used to organize and describe land. If the legal description (and the information it is supposed to contain) is incorrectly stated on the deed, the wrong ownership will be transferred from the previous owner to the new owner. The legal description is a description of a property that can sufficiently identify it for legal purposes. If the legal description was copied and pasted from an outdated survey, it`s worth hiring a surveyor who can update this information for you. Sometimes property owners confuse legal descriptions with other descriptions of the property, such as its civic address or description in property tax records. If you are struggling, don`t be afraid to look for an experienced eye in order to get all the information you need from the description. Have the legal description of your property verified by a survey so that everything is aligned and ready to use. The title officer and surveyor will detect any legal description issues and clear the cloud on the title prior to closing.
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 search. While your title insurance will cover you for the worst, it`s always best to cover a legal description of a property before it becomes a problem. The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. It is also used for a title search and appears on the title insurance policy. Certified turn recordings are used to calculate measurements and determine distances, which costs more time and more money. In addition to the legal description, you may see additional identifying information on a land document. This is usually the address and a property tax identification number. The land surveyor must find three of the certified corners of the section – which are one kilometre apart – and travel there with his equipment according to the instructions in the legal description.
The Metes and Bounds description has a starting point and a starting point. Start at the northeast corner of east 1/2 west 1/2 of NE 1/4 southwest 1/4 of section 17, township 1 north, range 12 west and walk S-Grad 03`08″E, 28 feet south to the Silver Lake Road crossing line and the starting point; thence continue S 0 degrees 03`08″ E, 409.67 feet; thence N 89 degrees 54`41″ W, 314.69 feet to the east line of an easement of 20 feet; thence run N 0 degrees 04`27` W along this line, 409.50 feet to the south right-of-way of Silver Lake Road; thence S 89 degrees 56`41″ E run along said line 314.86 feet to the point of beginning. Such descriptions can get quite complicated, especially if a property crosses a municipal section or boundary. Avoid using the description of property tax documents, which is often short and insufficient when it comes to legally describing the property. Do you know the purpose of a title search? Learn what it is, what it is used for and how important it is to have one before buying a property.