Who Is Responsible for Providing the Legal Description of the Property
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. You need the legal description for all purchase contracts, deeds and mortgages. When you start reading legal descriptions, you will notice that there are different types of legal descriptions. 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. If you own property, you should have a copy of the deed from the time you acquire title. If you are buying real estate, the seller or real estate agent should have a copy of the deed. If you have an outdated survey, you may have an outdated legal description. 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. This clarifies the boundaries of the plot and makes it ideal for undeveloped land in rural areas. Surveys for the plot and block often depend on the age of the property and whether the corners and other attractions are still there. Hi Don, a survey does not become “obsolete”, but a surveyor is only responsible for the survey for a certain period of time; Therefore, it is usually a good idea to do a new survey when that time is up when you buy or build on a property. A legal description is one that is legally sufficient to describe the property. Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often not sufficient to be considered an adequate legal description: Legal descriptions are essential to the process of buying land, and so it is just as important to know how to read the legal description of a property. Because a bad legal description means you may not get the right property. The street is essentially the mailing address of the property, which includes the number and name of the house, city or village, state, and zip code.
All deeds in the chain of ownership of the property must have an identical legal description. It is usually found on the document after a sentence similar to: “the defined parcel or parcel of land described as follows”. Ultimately, you own what is in the legal description of your deed. When creating a legal description, you must use the exact legal description that was on the last deed of ownership. Fraction: This type of legal description describes a property by dividing it into sections. Some properties may include descriptions that include elevations. Surveys must also be used for so-called airfields or underground rights. For example, condos on the upper or lower floors can be described in terms of a date, which is a point, line or area from which heights are measured.
The United States Geological Survey (USGS) refers to a date defined as the mean sea level in New York Harbor. 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. A reporter allows you to draw your own legal description of the property, so the title finders had to extract the Metes and Bounds descriptions from the courthouse and the fellow`s book entries. The title search used this method to determine whether a document affected the property sought in the public record. Today, most of this is done by computer. A legal description is a description of real estate that is sufficient to identify it for legal purposes. When drafting an act, it is important to use the correct legal description. In most cases, it is best to use the legal description of the last deed of ownership. In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed. 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, in the name of the subdivision, the county and the state. Before ownership is transferred to the buyer, the buyer`s lawyer conducts a title search to determine if the seller`s ownership is exactly the same as the sales contract, FindLaw says.
A title search also shows that the seller can transfer ownership of a lien free property if the seller uses a deed of warranty instead of a deed of renunciation. The buyer`s lawyer orders the title report and sends copies to the seller`s lawyer. 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. Quick question about legal property descriptions in TN. If you put the legal description of the title on a title policy or warranty deed, does the legal description have to exactly match the capital letters, punctuation, abbreviation and symbol? For example, instead of R-O-W for right of way, is ROW acceptable? Is it appropriate to use the “No” designation in lot descriptions? (Lots 7 and 8 vs Lots 7 and 8) I know it`s a stupid question, but it`s a discussion we`re having. A legal description is a description of real property by a government survey, Métis and boundary survey, or by lot numbers of a registered platform. There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and Metes and Bounds descriptions, which are used for non-dividing properties. Some legal descriptions include both lot and block descriptions and boundaries and boundaries. The Metes and Bounds description has a starting point and a starting point. 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. Note that since a property is necessarily limited in area, any description of this property must necessarily form a closed area. It allows you to determine exactly where a particular plot of land is. 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. 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 between the common units used to measure distance and area in real estate: Fortunately, title insurance can help you and your property rights from confusion, falsification, or unclear recorded documents. Neither the address nor the tax identification number is a sufficient description to transfer or encumber the property. The legal description of a property is one of the most important pieces of information involved in a land transaction.
The real estate deed must be carefully prepared to avoid confusion and ambiguity of title in the future. The buyer must register the deed at the clerk`s office in the country where the property is located. This is to provide constructive advice to anyone claiming ownership of the property in the future and anyone who registers subsequent real estate documents such as mortgage ledges or leases.
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